IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Crl.MC.No. 19 of 2008() ----------------------- CC.1355/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... PETITIONER: ACCUSED -------------------------- THOMAS T.S. @ SAJI, S/O. SCARIA THOMAS, THANNIPARA HOUSE, ANKKARA P.O., KUMALI, IDUKKI DISTRICT. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN IYER RESPONDENT: ----------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. NO.19 of 2008 ========================== Dated this the 2nd day of January, 2008. ORDER The petitioner, who is the accused in C.C. No. 1355/2004 on the file of the Judicial First Class Magistrate-II, Kochi, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 in respect of a cheque for an amount of Rs.1,50,000/-, prays for a direction to recall the Non Bailable Warrant pending againt him and to direct the learned Magistrate to release the petitioner on bail. 2. The complainant is the father-in-law of the petitioner and admittedly there are cases between the petitioner and his wife before Family Court and criminal court at Thodupuzha. The petitioner approached this Court on an earlier occasion and this Court was pleased to direct the Magistrate to dispose of the application for bail filed by the petitioner on the date of his surrender itself. The petitioner claims to have been filed a fresh application for bail on 22.12.2007 and sought advancement of CC. 1355/04 to that day from 24.12.2007 to which date the C.C. CRL. M.C. NO. 19/2008 : 2 : case stood posted. His petition to advance the case was dismissed and susequently on 24.12.2007 his bail application was also dismissed. It is thereafter that the petitioner has approached this Court. Admittedly Non bailable warrants are pending against the petitioner. 3. Since the prosecution is one for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, I see no reason as to why the petitioner should not be granted bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail within 10 days from today, he shall be released on bail on appropriate conditions by the learned Magistrate. Until then the warrant, if any, pending against the petitioner shall not be executed. Crl. M.C. is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 19/2008 : 3 :