IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Crl.MC.No. 1096 of 2008() ------------------------- C.C.NO.628 OF 2000 ON THE FILE OF THE J.F.C.M, THRISSUR PETITIONER: ACCUSED: ------------------------------------------ SAJEEVAN, S/O. VASU, PUTHUKULANGARA HOUSE, KOTTEKKAD, KUTTUR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.MADHU RADHAKRISHNAN RESPONDENTS: COMPLAINANT: ------------------------------------------------ 1. SIMON THARAYIL, S/O. DEVASSY, THARAYIL HOUSE, KUTTOOR P.O., THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1096 of 2008 = = = = = = = = = = = = = = Dated this the 13th day of March, 2008 ORDER The Petitioner, who is the accused in C.C.No.628 of 2000 pending before the Judicial First Class Magistrate Court, Thrissur, 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 learned Magistrate and seeks regular bail. Accordingly, this Criminal Miscellaneous Case 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, he shall be released on bail on the same date on Crl.M.C.No.1096 of 2008 2 which the application is filed notwithstanding the pendency of non bailable warrants, if any, against him. The petitioner can also seek exemption from personal appearance during the trial of the case. On such application for exemption, the petitioner shall be exempted from personal appearance, unless his personal appearance is inevitable at any stage of the trial. V. RAMKUMAR, JUDGE sj