IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Crl.MC.No. 4116 of 2011() ------------------------------------- CC.NO.90/2010 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM CRIME NO.196/2008 OF MAVOOR POLICE STATION .................... PETITIONER(S)/ACCUSED-2 ------------------------------------------ ABDUL HAI, S/O.MUHAMMED PULLATH HOUSE, PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S)/ COMPLAINANT ----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.PIN-682 031 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4116 of 2011 ----------------------------------- Dated this the 2nd day of December 2011 O R D E R Petitioner is the 2nd accused in C.C.No.90/2010 of J.F.C.M., Kunnamangalam. It was stated that originally the complaint was filed alleging offence punishable under Sec.420 IPC but subsequently after investigation charge sheet was filed incorporating Sec.379 IPC. It is submitted that an agreement was entered into with regard to a vehicle suppressing the fact that it was hypothecated to a bank, with an intention to cheat the de facto complainant and thereby caused wrongful loss of Rs.4,10,000/- to him. According to the petitioner, he was released on bail during the crime stage and thereafter no summons was received. 2. Now, it appears that NBW was issued against him and the immovable property of the petitioner was attached under Sec.83 of Cr.P.C. Learned counsel for the petitioner submits that the petitioner will give an undertaking that he will not transfer/alienate the property belonging to him and Crl.M.C. No.4116 of 2011 -: 2 :- that he will co-operate with the trial of the case. Now he apprehends that if he surrenders before the court, he will be remanded by that court. 3. Learned counsel submits that the petitioner is ready to surrender before the learned Magistrate within two weeks from today. The petitioner will apprise the learned Magistrate of the reasons for his absence and that he is abide by all the conditions that may be imposed on him and that he will not transfer the property and further that he will be present in court on all the dates as may be directed by the court. The learned Magistrate will consider the request that may be made by the petitioner and will dispose of his bail application as expeditiously as possible. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt