IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Crl.MC.No. 177 of 2008() ---------------------------- L.P. NO. 64/03 of JUDICIAL FIRST CLASS MAGISTRATE, KOTHAMANGALAM PETITIONER: ACCUSED: -------------------------- SIVAN T.K., THOTTIKUDY VEEDU, ARUVAPPARA P.O., MAEKKAPALA, KURUPPUMPADY. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENTS: STATE AND COMPLAINANT: ------------------------------------------------- 1. STATE OF KERALA, (SUB INSPECTOR OF POLICE, KURUPPUMPADY POLICE STATION) THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. REGHUNATHAN NAIR, MEENAMKOTTIL VEEDU, ASHAMANNOOR P.O. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ============= = = = = = = = = = = = = Crl.M.C.No.177 of 2008 ============= = = = = = = = = = = = = = Dated this the 14th day of January, 2008 ORDER Petitioner, who is the accused in C.C. No. 60 of 96 for an offence punishable under Section 138 of the Negotiable Instruments Act and whose case was split up and transferred to the Long Pending Register as L.P.No.64 of 2003 before the J.F.C.M, Kothamangalam, seeks a direction to the Magistrate to consider his application for regular bail on the date of his surrender itself after recalling the non bailable warrants of arrest against him. 2. 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 trial court and seeks regular bail. 3. 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 he does so, his bail application shall be considered and disposed of by the learned Magistrate, on merits, preferably on the same date on which the petition is filed after considering the explanation offered by the petitioner for his previous non-appearance. V. RAMKUMAR, JUDGE Crl.M.C.No.70 of 2007 2 rv