SHIBU T. BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is accused for offence punishable under Sec. 138 of the Negotiable Instruments Act, in 12 separate complaints on the file of the Judicial First Class Magistrate's Court at Ramankary, in Alappuzha district, which are the subject matter of these 12 Criminal Miscellaneous Cases.

(2.) One Sri.P.G.Somanadhakumar, is the 2nd respondent (complainant) in Crl.M.C.No.7205/2017. Oorikkari Service Co-operative bank Ltd. No.1239, Ramankary, Alappuzha district, represented by its Secretary, is the 2nd respondent complainant with respect to other 11 Criminal Miscellaneous Cases. It is stated that the petitioner has not appeared before the court below in these complaints and that thereupon, the trial court had issued non-bailable warrants against the petitioner and has included these cases in the long pending case list.

(3.) It is stated by the petitioner's counsel that the petitioner has been arrayed as accused in certain other crimes registered for offence punishable under Sec.420 of the I.P.C., etc. and that he has already secured bail in some crimes. However, it is brought to the notice of this Court that the petitioner has not secured bail in Crime No. 6/2006 of Ramankary Police Station, for offence alleged under Secs. 419 and 420 of the I.P.C. and that though production warrant has been issued, his production has been delayed due to health reasons. It is also pointed by the learned Prosecutor that it is learnt that the accused is now detained in Central Jail, Poojappura, Thiruvanantpauram, in Crime No. 464/2016 of Palode Police Station, Thiruvananthapuram district. Further that the petitioner is a chronic heart patient and is suffering from serious cardiac ailments and he had undergone an angioplasty just before his arrest and now the doctors have advised to undergo another angioplasty or byepass surgery in the immediate future and that Anx.2 is the discharge summary certificate issued by the Department of Cardiology of the hospital concerned.