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K.T.LONAPPAN, THOLATH HOUSE versus M/S.CATHOLIC SYRIAN BANK LIMITED

High Court of Kerala

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K.T.LONAPPAN, THOLATH HOUSE v. M/S.CATHOLIC SYRIAN BANK LIMITED - Crl MC No. 469 of 2007 [2007] RD-KL 3982 (22 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 469 of 2007()

1. K.T.LONAPPAN, THOLATH HOUSE,
... Petitioner

2. A.A.SALAM, AGED 23 YEARS,

Vs

1. M/S.CATHOLIC SYRIAN BANK LIMITED,
... Respondent

2. STATE OF KERALA, REPRESENTED BY THE

For Petitioner :SRI.C.AJITH KUMAR (KALLESSERIL)

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :22/02/2007

O R D E R

R.BASANT, J

Crl.M.C.No.469 of 2007

Dated this the 22nd day of February, 2007

ORDER

The petitioners are accused 1 and 2 in a prosecution pending before the Chief Judicial Magistrate, Ernakulam. They face allegations under Section 420 I.P.C. Cognizance has been taken on the basis of a complaint filed by the complainant/respondent herein. The petitioners have not appeared before the learned Magistrate. They therefore find themselves in the unenviable predicament of the warrants of arrest issued by the learned Magistrate chasing them. The petitioners, in these circumstances have come to this Court with a prayer that powers under Section 482 Cr.P.C may be invoked to quash the complaint filed against them.

2. What are the reasons ? The learned counsel for the petitioners submits that the liability to the complainant/bank has already been discharged and the complainant/bank will be willing to settle the dispute and compound the offence. It is further submitted that warrants of arrest are pending against the petitioners and it would cause great hardship and difficulties for them if they were remanded to custody by the learned Magistrate.

3. These reasons are not certainly sufficient to persuade this Court to invoke the jurisdiction under Section 482 Cr.P.C. It is for the petitioners to appear before the learned Magistrate and explain to Crl.M.C.No.469 of 2007 2 the learned Magistrate the circumstances under which they could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider their application for bail on merits, in accordance with law and expeditiously. No special or specific direction appears to be necessary. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. Every court must dispose of such bail application, filed by any person who surrenders before it, expeditiously.

4. Coming to the contention that the matter has been settled, the offence is a compoundable offence and it is for the petitioners and the complainant to appear before the learned Magistrate and pray for composition. Such application for composition will also, needless to say, be considered by the learned Magistrate on merits and expeditiously.

5. This Crl.M.C is, in these circumstances, dismissed. But with the specific observation that if the petitioners appear before the learned Magistrate and apply for bail, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. Needless to say that application for composition, if any filed, must also be disposed of expeditiously by the learned Magistrate.

(R.BASANT, JUDGE)

rtr/- Crl.M.C.No.469 of 2007 3


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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