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2010 Supreme(Ker) 759

K.T.SANKARAN
L. Wilson – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. K. Muhammed Salahudheen, Advocate
For the Amicus Curiae :M. Sasindran, Advocate

ORDER :

1. The question involved in these Bail Applications is whether the accused, who is involved in an offence under Section 138 of the Negotiable Instruments Act, which is a bailable offence, is entitled to bail as of right when he violated the terms of granting bail and when it was found that he was absconding for several years.

2. The petitioner is the accused in two cases on the file of the Court of the Chief Judicial Magistrate, Thodupuzha, wherein the offence alleged against him is under Section 138 of the Negotiable Instruments Act.

3. In S.T. No. 66 of 2007, summons was served on the petitioner in March 2007. He did not appear on summons. Non bailable warrant for his arrest was issued. He could not be arrested. Steps under Sections 82 and 83 of the Code of Criminal Procedure were taken. While so, on 9-8-2007, the petitioner surrendered before court. He was granted bail. Later, he violated the conditions of bail and absconded. Again, proceedings were taken under Sections 82 and 83. On 20-9-2008, the case was transferred to the Register of long pending cases as L.P. No. 52 of 2008. Later, the petitioner surrendered before Court on 24-3-2009. He was granted bail and the case w




















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