IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 Crl.Rev.Pet.No. 1711 of 2008() ------------------------------ AGAINST THE ORDER IN CMP 273/2008 IN CC.71/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, MUVATTUPUZHA .................... REVN. PETITIONER: PETITIONER/ACCUSED ------------------------------------ SAJU PAUL, VALAMMAVUKUDIYIL HOUSE, PUTHUPPADY KARA, PUTHUPPADY P.O., BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. P.M.AZEEZ, PUTHUSSERIKUDIYIL HOUSE, MULAVOOR KARA, DO. VILLAGE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P. RAVEENDRA BABU THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. NO. 1711 of 2008 * * * * * * * * * * * * * * * * * * Dated: 30-05-2008 ORDER Petitioner who is the accused in a prosecution under Sec. 138 of the Negotiable Instruments Act involving a cheque for Rs. 40,000/- was granted bail by the J.F.C.M. I, Moovattupuzha. Subsequently, consequent on the transfer of the case to J.F.C.M. II, Muvattupuzha, the petitioner did not appear before the Magistrate nor did he apply for exemption resulting that court cancelling his bail. The order cancelling the bail has not been appealed so far. While so, the petitioner had filed C.M.P. No. 273 of 2008 under Sec. 446 Cr.P.C. requesting to release him on fresh bail on the very same sureties. That petition has been dismissed by the Magistrate as per the impugned order dated 19-5-2008. According to me, the dismissal is legal and proper. The petitioner may apply for fresh bail with a request to enlarge him on bail on the same sureties. As and when such an application is filed, I am sure that the learned Magistrate will pass appropriate orders uninfluenced by the circumstances leading to the cancellation of earlier bail. The fresh application for bail shall be considered on merits Crl.R.P. No. 1711 of 2008 -:2:- notwithstanding the pendency of non-bailable warrants, if any, pending against the petition. This Crl.R.P. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.