USMAN ABOOBACKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was convicted by the Judicial First Class Magistrate Court, Piravom in S.T.No.1230/2018. The petitioner filed an appeal before the Additional District and Sessions Court, Muvattupuzha along with a delay condonation petition. In the delay petition, notice is ordered by the appellate court and the appeal is posted for return of notice. In the meanwhile, the petitioner was arrested based on the execution warrant. The prayer in this Original Petition is to release the petitioner on bail till the suspension petition is considered by the appellate court.

(2.) Heard counsel for the petitioner and the Public Prosecutor. No notice is necessary to the complainant because of the way in which this Original Petition is going to be disposed of.

(3.) It is an admitted fact that the petitioner was convicted and sentenced by the trial court and an appeal is filed with delay condonation petition. It is also an admitted fact that, based on the execution warrant, the petitioner is arrested and he is undergoing the sentence. It is also an admitted fact that the petitioner was convicted under Sec. 138 of the Negotiable Instruments Act.