IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 Crl.MC.No. 784 of 2011() ------------------------ CC.1/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS - II,PERUMBAVOOR .................... PETITIONER(S): ACCUSED: ----------------------------------------- P.N.PREMAN, AGED 45 YEARS,S/O.LAKSHMANAN, PEEDIAKKAL HOUSE, NADAMA, THRIPUNITHURA. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): COMPLAINANT NO.1: ----------------------------------------------------------- 1. O.N.SANTHI, OLOPPILLIL HOUSE,CHAWARA P.O.,ALUVA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.784 of 2011 -------------------------------------- Dated this the 11th day of March, 2011. ORDER Petitioner is accused in C.C.No.1 of 2010 of the court of learned Judicial First Class Magistrate-II, Perumbavoor for offence punishable under Section 138 of the Negotiable Instruments Act. That case arose on a complaint filed by respondent No.1. It is stated in this case thus: Petitioner appeared in court, his plea was recorded and he was released on bail. On 24.02.2011 petitioner was absent and since the counsel got involved in traffic jam he could not appear in court on time and make representation. Learned Magistrate cancelled the bail bond and issued non-bailable warrant to the petitioner. Learned counsel submitted that learned Magistrate has not exercise the discretion in the proper manner. According to the petitioner even before cancellation of bail bond court below should have issued notice to sureties. Instead, learned Magistrate issued warrant of arrest against petitioner. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. It is not disputed that on 24.02.2011 there was no representation for the petitioner. There is nothing illegal in forfeiting the bail bond and issuing warrant to the petitioner. It is not necessary that before forfeiting the bond notice should have been issued to the sureties. But petitioner can appear before the learned Magistrate and seek fresh bail. Considering the nature of offence I am Crl.MC No.784/2011 2 not inclined to think that detention of petitioner is required. Resultantly this petition is disposed of granting three weeks time to the petitioner to appear in the court below and seek regular bail. Learned Magistrate shall dispose of the application for bail if preferred as early as possible having regard to the circumstances stated. Warrant of arrest issued against the petitioner will stand in abeyance for the said period of three weeks from this day or till he appears in the trial court whichever is earlier. THOMAS P.JOSEPH, Judge. cks