HIGH COURT OF KERALA
MOHAMMEDALI – Appellant
Versus
STATE OF KERALA – Respondent
The petitioner herein is the accused in five cases before
the Judicial First Class Magistrate Court, Kodungallur; all involving
the offence under Section 138 of the Negotiable Instruments Act.
The petitioner wants to surrender before the trial court , but his
concern is that the trial court would not accept two sureties for
the five cases, and so, he seeks a direction. If any Judicial
Magistrate in Keraka has been maintaining such a stand that
separate sureties will have to be produced in different cases, it is
against the settled law, that what matters is not the number of
the sureties. but their solvency, to the total extent of the bond
ordered by the Court. If the two sureties of the petitioner are
solvent enough to execute bond in five cases, they can very well
be accepted as sureties in the five case, as already settled by this
Court.
With the above observation, this Crl.M.C. is disposed of.
Sd/-
P.UBAID
rkj
JUDGE
3
APPENDIX
PETITIONER'S' ANNEXURES :
ANNEXURE A :
TRUE COPY OF THE COMPLAINT IN C.C.NO.4266/2013
DATED 20.08.2013.
ANNEXURE B :
TRUE COPY OF THE COMPLAINT IN C.C.NO.3800/2014 ON
THE FILES OF THE JFCM COURT, KODUNGALLUR DATED
08.10.2013.
ANNEXURE C :
TRUE COPY OF THE CO
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