IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Crl.MC.No. 3703 of 2011() ------------------------- ST.1400/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MUVATTUPUZHA .................... PETITIONER(S)/ACCUSED :- ----------------------------------------- JOY THOMAS, AGED 62 YEARS, S/O.THOMAS, KARINGANAMPOYKAYIL, CHEMMANNAR P.O., UDUMBANCHOLA, IDUKKI DISTRICT. BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENT(S)/COMPLAINANT :- ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN – 31. 2. AUTO LEASE & HIRE PURCHASE, REPRESENTED BY ITS MANAGING PARTNER, MUVATTUPUZHA, PIN – 686 661. PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3703 of 2011 ----------------------------------- Dated this the 2nd day of November 2011 O R D E R Petitioner is the accused in S.T.No.1400/2009 on the file of Judicial First Class Magistrate Court, Muvattupuzha. Copy of the complaint is not produced. The learned counsel submits that the cheque was for Rs.25,000/-. The accused did not appear so far. The case was pending for more than two years. Since the accused was absconding, proceedings were initiated under Secs.82 and 83 Cr.P.C also. Now, the petitioner is ready to surrender before the learned Magistrate on 4.11.2011. The learned counsel for the petitioner submits that the learned Magistrate may be directed to release the petitioner on bail. Such a direction cannot be issued by this Court. However, this Crl.M.C. is disposed of issuing the following directions :- Crl.M.C. No.3703 of 2011 -: 2 :- (i)If the accused surrenders before the learned Magistrate on 4.11.2011 and deposits a sum of Rs.10,000/- (Rupees Ten Thousand only) on the same day and applies for bail, then the learned Magistrate will sympathetically consider his request for bail. (ii)The learned Magistrate will also see that the case is disposed of at the earliest. N.K.BALAKRISHNAN, JUDGE. Jvt