IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 Crl.MC.No. 1081 of 2009() ----------------------------------- ST.2844/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER/ACCUSED: ---------------------------------- JAYANIDHI, NARAYANAMANGALAM, MEENADAM P.O., KOTTAYAM. BY ADV. MR.SURIN GEORGE IPE RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------- 1. PRADEEP, RENUKA SADAN, KAVILPAD P.O., PALAKKAD-17. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1081 of 2009 ORDER ON CRL. MA. NO.1587/2009 IN CRL. MC NO.1081/2009 DISMISSED 20/03/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1081 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of March, 2009. O R D E R This petition is filed by the petitioner to issue a direction to the Court to recall the warrant issued against the petitioner and also to permit the petitioner to face the prosecution through pleader in S.T.2844/08 on the file of the Judicial First Class Magistrate-III, Palakkad. The prosecution is under Section 138 of the N.I. Act. A non-bailable warrant is pending. I direct the petitioner to surrender before the Court below and move an application for bail which the Court shall consider it on the very same day itself and pass appropriate orders. Being a bailable offence it has to be considered sympathetically. Thereafter when an application is moved u/s 205 Cr.P.C. let it also be considered in the light of the decision of this Court and appropriate orders be passed. In order to enable the Magistrate to do so, let the surrender as well as filing of the bail application shall be done on the early hours of the working day. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE.