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K. HAMZA HAJI, S/O.MOHAMMED HAJI (LATE) versus STATE OF KERALA

High Court of Kerala

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K. HAMZA HAJI, S/O.MOHAMMED HAJI (LATE) v. STATE OF KERALA - Crl MC No. 2141 of 2007 [2007] RD-KL 13115 (16 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2141 of 2007()

1. K. HAMZA HAJI, S/O.MOHAMMED HAJI (LATE),
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. V.K. RATHEESH, S/O. VASU,

For Petitioner :SRI.K.MUHAMMED SALAHUDHEEN

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :16/07/2007

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 R

The 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 has not made in the order sheet, there was a direction to the petitioner to appear in person and report settlement if any. Be Crl.M.C.No.2141/07 2 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 are issued:

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

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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