L. WILSON Vs. STATE OF KERALA

JUDGEMENT

(1.) 1. The question involved in these Bail Applications is whether the accused, who is involved in an offence under Sec. 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 Sec. 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 was taken to the pending file as S.T. No. 146 of 2009. Even thereafter, the petitioner absconded. Neither the petitioner nor his counsel did appear. Again, non bailable warrant was issued and steps were taken under Sections 82 and 83 of the Code Criminal Procedure The case was again transferred to the Long Pending Register as L.P.No. 3 of 2010. The petitioner surrendered before Court on 16-2-2010 and sought for bail. The case was taken up as pending file in S.T. No. 70 of 2010. The learned Chief Judicial Magistrate dismissed the application for bail holding that "no explanation was offered by the petitioner for his non appearance for trial." The court also held that there was wilful negligence on the part of the petitioner in the matter of appearance before court.