AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
8 paragraphs · 255 wordsDr Kauser Edappagath, J
The petitioner is the sole accused in ST.No.578/2022 on the file of the Judicial Magistrate of First Class, Adoor. The offence alleged is punishable under Section 138 of the Negotiable Instruments Act. Summons was served to the petitioner to appear on 25/6/2022. He appeared through counsel. His absence on that day was condoned and the case was adjourned to 7/10/2022. It was notified to 11/11/2002. On that day, the learned counsel for the petitioner prayed to post the case to 30/12/2022, the date on which the connected case is posted so that he can take bail in both cases. However, the said prayer was turned down by the court below and non bailable warrant was issued. It is under challenge in this Crl.M.C.
It appears from Annexure A2 e-courts daily status that, on the second posting date, warrant was issued to the petitioner. The prayer of the counsel for the petitioner to post the case to 30/12/2022, the date on which the connected case was posted, was reasonable.
The learned counsel for the petitioner submitted that the petitioner is prepared to appear before the court below on 30/12/2022 and offer bail.
In these circumstances, this Crl.M.C is disposed of as follows:-
(i) The petitioner shall appear before the court below on 30/12/2022 and file bail application.
(ii) The court below shall grant bail to the petitioner on such terms and conditions it feels fit to impose upon.
(iii) The non bailable warrant issued against the petitioner is recalled.