IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Crl.MC.No. 393 of 2008() ------------------------ CC.646/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER: ACCUSED: -------------------- MR.M.K.N. UNNITHAN, T.V.S. COLONY, 1076A, ANNA NAGAR WEST EXTENSION, CHENNAI-101. BY ADV. SRI.K.MANOJ CHANDRAN SRI.P.R.AJITHKUMAR RESPONDENTS: STATE/COMPLAINANT: ------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. MR. K.V. AUGUSTINE, KOMAROTH HOUSE, PALARIVATTOM P.O., KOCHI-682025, EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 393 of 2008 ========================== Dated this the 1st day of February, 2008. O R D E R The petitioner, who is the accused in C.C. No. 646 of 2006 on the file of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.3 lakhs and who is stated to be residing at Chennai, failed to appear before court on 22.01.2008 on which date the case took posted for cross examination of the complainant. According to the petitioner, he was afflicted with conjunctivitis and an application for exemption was filed along with a medical certificate numbered as M.P.No.471/2008. But since his counsel was held up in another court, there was no representation when the case was called and the learned Magistrate adjourned the case to 05.02.2008 noting that the accused was absent and that there was no representation. The Magistrate has also issued non-bailable warrants of arrest against the accused and notice to sureties. The prayer of the petitioner is that in the event of his CRL. M.C. NO. 393/2008 : 2: surrender before the court below on 05.02.2008, he may be released on bail on the very same sureties who were hailing from Tamil Nadu since he finds it difficult to secure other sureties. 2. I see no reason why the petitioner should not be given the benefit of the above request. Accordingly, this M.C is disposed of permitting the petitioner to surrender before the Magistrate on 05.02.2008 and to file an application for regular bail. In case he complies with this condition, he shall be released on bail on the very same sureties after closing the proceedings, if any, initiated against the sureties under Section 446 Cr.P.C. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 393/2008 : 3: