IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 30TH DECEMBER 2011 / 9TH POUSHA 1933 Bail Appl..No. 10755 of 2011(B) -------------------------------------- CC.1465/2009 of J.M.F.C.,KUNNAMKULAM ................................................. PETITIONER/ACCUSED(S): -------------------------------------- SUBASH @ SUBASHKUMAR,AGED 33 YEARS, S/O.KUTTAN,THERUPARAMBIL HOUSE,MANGAD VILLAGE AND DESOM,P.O.MANGAD,THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADVS. SRI.ALAN PAPALI SRI.SOJAN MICHEAL SRI.GILBERT GEORGE CORREYA SRI.J.VIMAL RESPONDENT(S): COMPLAINANT: ------------------------------------------------- STATE OF KERALA (S.I. OF POLICE, KUNNAMKULAM POLICE STATION),REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-682031. PUBLIC PROSECUTOR SRI. R. RANJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DCS P.S.GOPINATHAN, J ---------------------------- B.A. NO. 10755 OF 2011 -------------------------- Dated this the 30th day of December, 2011. O R D E R Petitioner, who is the accused in C.C.No: 1465/2009 filed a petition under Section 438 of the Code of Criminal Procedure before the Sessions Judge, Thrissur, seeking an order directing the respondent to release the petitioner on bail in the event of arrest. By Annexure II order, the learned Sessions Judge dismissed the petition. Seeking the same relief, this petition is filed. 2. Having heard either side, it is revealed that the offence alleged is under Section 138 of the Negotiable Instrument Act. It is admittedly a bailable offence. Therefore, the bail is a matter of right. The petitioner can apply for bail before the trial court. With this observation, this petition is disposed of with direction to the petitioner to surrender before the trial court. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge