IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 CRL.MC.NO. 428 OF 2011() -------------------------------------- CC.75/2006 OF 2006, JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, NEYYATTINKARA) .................... PETITIONER(S): ACCUSED ----------------------------------------- DINESH, S/O.NARAYANAN, MALAYIL VEEDU, ARANOOTTIMANGALAM, THAZHAKARA VILLAGE, MAVELIKARA TALUK. BY ADV. SRI.R.PADMAKUMAR SRI.P.ARAVIND RESPONDENT(S): -------------------------- 1. STATE OF KERALA-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.NITHYANANDAN, S/O.MUTHU NARAYANAN, N.J.NIVAS, PERUMPAZHUTHOOR, NEYYATTINKARA. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.428 of 2011 ==================================== Dated this the 11th day of February, 2011 O R D E R Petitioner is accused in C.C. No.75 of 2006 and L.P. No.92 of 2009 of the court of learned Judicial First Class Magistrate-IV, Neyyattinkara for offence punishable under Section 138 of the Negotiable Instruments Act. Petitioner states that he is ready to surrender before the learned Magistrate and seek bail but he is apprehensive of a remand. He has requested for a direction to the learned Magistrate to release him on bail on the day he surrenders and files an application. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. In the light of the decision in Martin v. State of Kerala (2004 [2] KLT 1037) no such direction as prayed for could be issued to the learned Magistrate. It is for the learned Magistrate to consider the application and pass appropriate orders having regard to the facts of the case. 3. But to enable the petitioner surrender before the learned Magistrate I direct that the non-bailable warrant issued to CRL.M.C. No.428 of 2011 -: 2 :- the petitioner will stand in abeyance for a period of two weeks from the day notified for delivery of a copy of this order or till petitioner surrenders before the learned Magistrate whichever is earlier. Resultantly Criminal Miscellaneous Case is disposed of directing that the non-bailable warrant issued to the petitioner will stand in abeyance for a period of two weeks from the date notified for delivery of a copy of this order or till petitioner appears before the learned Magistrate whichever is earlier. If petitioner files any application for bail learned Magistrate shall consider the same and pass appropriate orders as early as possible having regard to the fact and circumstances of the case. THOMAS P. JOSEPH, JUDGE. vsv