IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 28439 of 2004(I) -------------------------- ST.100/2000, 185/2000 AND 101/2001 of J.M.F.C.-I, KALPETTA .................... PETITIONER(S): --------------- BINDU BALAN, AGED 51 YEARS, SAIKRISHNA, EMALI, P.O.KALPETTA, WAYANAD DISTRICT. BY ADV. SRI.P.K.JOSE SMT.P.MAMATHA BINU RESPONDENT(S): --------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 31. BY PUBLIC PROSECUTOR SHRI C.M.KAMMAPPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.28439 of 2004 I -------------------------------------- Dated this the 15th day of October, 2008. JUDGMENT Heard both sides. 2. The petitioner who was a High School Assistant in Marthoma Private Memorial High School, Chungathara, Nilambur is involved in S.T.Nos.100 of 2000, 185 of 2000 and 101 of 2001 of Judicial First Class Magistrate-I, Kalpetta. According to petitioner, all those cases related to offences punishable under Section 138 of the Negotiable Instruments Act. The case of writ petitioner is that she learned that warrants have been issued against her in the said three cases, she has immovable properties worth Rupees six lakhs and hence she is entitled to be released on bail on personal bonds as it involved her fundamental right of personal liberty. Hence the writ petitioner prays that direction be issued to the court concerned to grant bail to her in the said three cases on execution of personal bond without surety. 3. It is well within the power of the court concerned to decide whether petitioner has to be released on personal bond or, with appropriate sureties. There is no reason why any direction should be issued to the court concerned to release the petitioner on executing self bond. If the petitioner is entitled to such WP(C) No.28439/2004 2 a course, certainly she can urge that matter before the court concerned. If any such request is made, learned magistrate will consider the request in the light of the facts and circumstances of the case and pass appropriate orders. Writ Petition is disposed of accordingly. THOMAS P.JOSEPH, JUDGE. cks WP(C) No.28439/2004 3