IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Crl.MC.No. 376 of 2008() ------------------------ CC.213/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER: ACCUSED 5 AND 6 ------------------------------------ 1. ANJU PHILIP, D/O.LATE JACOB PHILIP, AGED 25 YEARS, KOSSERIL HOUSE, AMBEDKAR ROAD, VENNALA, KOCHI - 682 028. 2. CUCKOO MARIAM PHILIP, D/O.LATE JACOB PHILIP, AGED 19 YEARS, KOSSERIL HOUSE, AMBEDKAR ROAD, VENNALA, KOCHI - 682 028. BY ADV. SRI.M.Y.VARGHESEKUTTY SRI.K.P.MADHU RESPONDENTS: COMPLAINANT ----------------------------------- 1. SURESH MATHEW, S/O.K.A.MATHEW, AGED 35 YEARS, THONGAYIL HOUSE, KUTHIYATHODE PANDANAD NORTH P.O., PANDANAD VILLAGE, CHENGANNUR TALUK, REP. BY POWER OF ATTORNEY HOLDER K.A.MATHEW, AGED 68 YEARS, S/O.ABRAHAM THONGAYIL HOUSE, KUTHIYATHODE, PANDANAD NORTH PO., PANDANAD VILLAGE, CHENGANNUR TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ================================ CRL.M.C. No. 376 of 2008 ================================== Dated this the 4th day of February, 2008. O R D E R The petitioners, who are accused Nos. 5 and 6 in C.C. No. 213/2004 on the file of the Judicial First Class Magistrate, Thiruvalla for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, seeks to quash Annexure-1 complaint. 2. Cognizance of the offence was taken by the Magistrate in the year 2004. Admittedly, non-bailable warrants of arrest are pending against the petitioners. The circumstances under which the non-bailable warrants of arrest came to be issued against the petitioner are not discernible to this Court, Accordingly, the proper course for the petitioner would be to surrender before the Magistrate and file an application for regular bail within two weeks from today and also to seek discharge in case the alleged offence is not made out against the petitioners and in case the 2nd petitioner, who is the 6th accused in the case, was a minor on the date of the alleged execution of the cheque. If the petitioners surrender before the Magistrate and file applications in that behalf, the same shall be considered and disposed of expeditiously. Their bail application shall be disposed of preferably on the date of filing of the same. Until then the non- bailable warrant, if any, pending against them shall not be executed. This Crl. M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv