IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 04TH DAY OF JULY 2019 / 13TH ASHADHA, 1941
Crl.MC.No.4658 of 2019
ST 279/2017 of JUDICIAL MAGISTRATE OF FIRST CLASS, KODUNGALLUR
PETITIONER/ACCUSED :
MOHAMMEDALI, S/O.MOOSA, AGED 55,
PANIKKASSERY HOUSE, KOORIKUZHI DESOM,
KAIPAMANGALAM VILLAGE,
KODUNGALLUR TALUK.
BY ADVS.
SRI.M.SHAJU PURUSHOTHAMAN
SRI.K.S.RAJESH
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
OTHER PRESENT:
SRI.C.K.PRASAD -P.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.4658 of 2019
2
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 COMPLAINT IN C.C.NO.2959/2015 ON
THE FILES OF THE JFCM COURT, KODUNGALLUR DATED
20.02.2014.
ANNEXURE D :
TRUE COPY OF THE COMPLAINT IN C.C.NO.2960/2015 ON
THE FILES OF THE JFCM COURT, KODUNGALLUR DATED
20.02.2014.
ANNEXURE E :
TRUE COPY OF THE COMPLAINT IN S.T.NO.279/2017 ON
THE FILES OF THE JFCM COURT, KODUNGALLUR DATED
20.04.2017.
ANNEXURE F :
TRUE COPY OF THE ORDER IN CRL.M.C.NO.5595/2014
PASSED BY THE HIGH COURT OF KERALA DATED
07.10.2014.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.