IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 Crl.MC.No. 852 of 2009() --------------------------------------- (C.C.NO.149/2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THALIPARAMBA) ........................ PETITIONER(S): ACCUSED: ------------------------------------------ SAMBASIVA REDDY, S/O.LAKSHMANA REDDY, MANAGING DIRECTOR, SARAVANA CONSTRUCTION PVT.LTD., DEFENCE COLONY, MILITARY HOSPITAL, EKKATTUTHANGAL, CHENNAI-97. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): COMPLAINANT & STATE: ---------------------------------------------------------------- 1. T.M.MATHACHAN, S/O.MICHAEL, MANAGING DIRECTOR, THULUVANANICKAL PIPES PVT.LTD., THALIPARAMBA, KANNUR. 2. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.1201/2009 IN CRMC.NO.852/2009 DISMISSED 3/3/2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 852 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of March, 2009. O R D E R This petition is filed with a prayer to release the petitioner on bail in the event of his arrest in C.C.149/03 and also to recall the non-bailable warrant issued in the case. A perusal of the documents produced would show that this petitioner initially made an attempt to make the complaint quashed which was negatived by this Court by an order in Crl.M.C. 499/08. Now it is averred that he is having so many complicated ailments and that has prevented him from appearing before the Court. I do not want to elaborate on that. The offence is punishable u/s 138 of the N.I. ct. If he surrenders before the Court and moves an application for bail I direct the learned Magistrate to dispose of the bail application on the date of filing itself. In order to enable the learned Magistrate to give notice I direct the party to surrender and move the application for bail during the early hours of the working day. The CRL.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-