IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Crl.MC.No. 1248 of 2008() ------------------------- CC.104/2007 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER: ACCUSED: -------------------- T.K.ALIKUTTY, S/O. MUHAMMED HAJI, THONI KADAVATH HOUSE, ADAVANAD P.O., THIRUNAVAYA, MALAPPURAM DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-03-2008 , THE COURT ON 24/03/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No.1248 of 2008 * * * * * * * * * * * * * * * * * * Dated: 24th day of March 2008 ORDER Petitioner who is the accused in C.C. No. 104 of 2007 on the file of the Chief Judicial Magistrate, Manjeri for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 seeks a direction to the said Magistrate to release the petitioner on bail on the date of his surrender itself. 2. Admittedly, non-bailable warrants of arrest are pending against the petitioner. The circumstances under which those non- bailable warrants of arrest came to be issued against the petitioner are not discernible to this Court. It is only proper that the petitioner surrenders before the Chief Judicial Magistrate and seeks regular bail. Accordingly, this Crl.M.C. is disposed of permitting the petitioner to surrender before the learned Magistrate and file an application for regular bail within a period of two weeks from today. In case, the petitioner complies with the above condition, his bail application shall be considered and disposed of on merits preferably on the same date on which it is filed notwithstanding the pendency of any non-bailable warrants, if any, against him and after considering the explanation offered by the petitioner for his previous non-appearance. V. RAMKUMAR, (JUDGE) ani ani.