IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Crl.MC.No. 3842 of 2011() ------------------------------ CC.328/2011 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S): ACCUSED IN C.C.NO.328/2011 -------------------------------------------------------- JAYAN K.S., AGED 44, S/O.SUKUMARAN, 1ST FLOOR, KANIYAMPARAMBIL HOUSE, P.J.ANTONY GROUND, S.R.M.ROAD, PACHALAM P.O., KOCHI- 682012. BY ADV. SRI.K.SHIBILI NAHA RESPONDENT(S): STATE AND COMPLAINANT ---------------------------------------------------- 1. S.I. OF POLICE, NORTH KASABA POLICE STATION, ERNAKULAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SMT.SOJI ANTONY, W/O.ANTONY, KALLARACKKAL HOUSE, MARADU P.O., NETTOOR, ERNAKULAM-682034. R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 3842/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A:COPY OF THE F.I.R. IN CRIME NO.9091/2011 DATED 09/07/11 ANNEXURE B:COPY OF THE DISCHARGE SUMMARY ISSUED BY SREE SUDHEENDRA MEDICAL MISSION, ERNAKULAM. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3842 of 2011 ----------------------------------- Dated this the 17th day of November 2011 O R D E R Petitioner was the accused in C.C.No.328/2011 which was pending before Additional Chief Judicial Magistrate Court, Ernakulam. It is submitted by the learned counsel that the case was subsequently made over to J.F.C.M-VII, Ernakulam and now it is pending before that court as C.C.No.158/2011. The complaint was filed against him under Sec.138 of the N.I.Act. The cheque in question is for Rs.2,50,000/-. The learned counsel for the petitioner submits that the petitioner could not appear in court as he sustained injuries in an accident. Now, warrant is pending against him and so the learned counsel submits that the learned Magistrate may be directed to grant bail to the petitioner on the same day he surrenders before that court. Such a direction cannot be issued in the light of the Division Crl.M.C. No.3842 of 2011 -: 2 :- Bench decision in Martin v. State of Kerala reported in [2004 (2) KLT 1037]. But, if the accused surrenders before the learned Magistrate within two weeks from today and if he produces records to show that he had sustained injuries in the accident and explains that his absence was not deliberate, the learned Magistrate will consider his request and will dispose of the bail application as expeditiously as possible. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt