CRL.MC No. 75 of 2008 · Kerala High Court

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Crl.MC.No. 75 of 2008() ----------------------- AGAINST THE ORDER IN CMP 2456/07, 2457/07, 2458/07 IN ST.NOS.280/2005, 5549/04, 379/05 & 5011/04 of THE J.F.C.M-II, PARAPPANANGADI . .................... PETITIONER: ACCUSED: -------------------------------------- P.M.HASSANKUTTY, AGED 52 YEARS, S/O MEERAN RAWTHER, PARAPPIL HOUSE P.O., KUMMANAM, KOTTAYAM DISTRICT. BY ADV. SRI.M.J.THOMAS SMT.RUBY K.JOSE RESPONDENTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CHOYUNNI ULLERI, S/O KUNHATHU, PUTHALATHAZHATHU VEEDU, THAYYILAPPADI, P.O.ULLANAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J.= = = = = = = = = = = = = Crl.M.C.No.75 of 2008= = = = = = = = = = = = = = Dated this the 8th day of January, 2008ORDERPetitioner who is the common accused inS.T.Nos.5011/2007, 5549/04, 280/2005 & 379/05 respectivelybefore the J.F.C.M- II, Parappanangadi for an offence punishableunder Section 138 of the Negotiable Instruments Act, 1881,involving four different cheques for different amounts, challenges the orders dated 24.11.07 passed by the learnedMagistrate in each of the cases directing the petitioner todeposit a sum of Rs.10,000/- under Section 445 Cr.P.C. Theorders were passed at the instance of the 2nd respondent-complainant.2. Just because the petitioner is an accused in fourdifferent cases, that is not a circumstance justifying the directionto deposit Rs.10,000/- in each of the cases as a condition forexecuting the bail bond. Accordingly, the said condition willstand deleted in each of the four cases. Money, if any, depositedbefore the court below pursuant to the impugned orders shall berefunded to the petitioner.V. RAMKUMAR, JUDGE sj