IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.MC.No. 1421 of 2009() ------------------------- LPC.38/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... PETITIONER(S): ACCUSED ----------------------------------------- SHIBOY T.D. S/O. DEVASSIA, THADATHIL HOUSE, KOOMANTHODU P.O.,KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE ---------------------------------------------------------------- 1. VINOD G.MATHEW, ARUVAKKAL HOUSE, MANATHANA, KANNUR DISTRICT. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = Crl.M.C. No. 1421 of 2009 = = = = = = = = = = = = = = == Dated: 30.04.2009 ORDER Petitioner, who is the accused in STC No.4477 of 2005 for an offence punishable under Section 138 of the Negotiable Instruments Act and whose case is now pending before the J.F.C.M, Mattannur as L.P. No.38 of 2007 seeks a direction to the said Magistrate to release the petitioner on bail on the date of his surrender itself. 2. Admittedly, non-bailable warrants of arrest are pending against the petitioner. The circumstances under which those non-bailable warrants of arrest came to be issued against the petitioner are not discernible to this Court. It is only proper that the petitioner surrenders before the J.F.C.M. and seeks regular bail. Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Magistrate and file an application for regular bail within a period of two weeks from today. In case, the petitioner complies with the above condition, his bail application shall be considered and disposed of on merits preferably on the same date on which it is filed notwithstanding the pendency of any non-bailable warrants, if any, against him. V. RAMKUMAR, (JUDGE) sj