High Court of Kerala
Case Law Search
K. HAMZA HAJI, S/O.MOHAMMED HAJI (LATE) v. STATE OF KERALA - Crl MC No. 2141 of 2007  RD-KL 13115 (16 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 2141 of 2007()
1. K. HAMZA HAJI, S/O.MOHAMMED HAJI (LATE),
1. STATE OF KERALA,
2. V.K. RATHEESH, S/O. VASU,
For Petitioner :SRI.K.MUHAMMED SALAHUDHEEN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, J.Crl.M.C.No.2141 of 2007
Dated this the 16th day of July 2007
O R D E RThe petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Consequent to the non-appearance of the petitioner on a specific date of posting, the learned Magistrate has issued a non-bailable warrant against the petitioner.
2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence was not wilful and was due to reasons beyond his control. He is prepared to appear before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously.
3. Report of the learned Magistrate was called for. The
report shows that though specific recording of that direction
not made in the order sheet, there was a direction to the
petitioner to appear in person and
report settlement if any. Be
that as it may, I am satisfied that appropriate
directions can be
issued in the matter:
In the result, this petition is allowed. Following directions
i) Non-bailable warrant issued against the petitioner shall not be executed till 04/08/2007, the next date of posting. ii) The petitioner shall appear before the learned Magistrate on or before that date and apply for bail. His application for bail shall be considered by the learned Magistrate on merits, in accordance with law and expeditiously - on the date of surrender itself. Hand over copy of this order to the learned counsel for the petitioner.
(R.BASANT, JUDGE)jsr // True Copy// PA to Judge Crl.M.C.No.2141/07 3 Crl.M.C.No.2141/07 4
ORDER21ST DAY OF MAY2007
Double Click on any word for its dictionary meaning or to get reference material on it.