IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Crl.MC.No. 1473 of 2008() ------------------------- CC.50/2004 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONER: ACCUSED ------------------- VIDYADHARAN M.A., AGED 46 S/O.ACHUTHAN AYYAPPAN, MADHURAKUNNEL HOUSE NADUKANI P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT BY ADV. SRI.T.KURIAKOSE PETER RESPONDENTS: COMPLAINANT ------------------------ 1. K.P. SUGUNAN, AGEED 62, S/O.GOPALAN QUARTERS NO.502/01, F.A.C.T. COCHIN DIVISION TOWNSHIP, AMBALAMEDU ERNAKULAM DISTRICT. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1473 of 2008 * * * * * * * * * * * * * * * * * * Dated: 08-04-2008 ORDER Petitioner who is the accused in C.C.No. 50 of 2004 on the file of the J.F.C.M., Kolencherry 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 J.F.C.M. 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.