IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Crl.MC.No. 3828 of 2007() ------------------------- ST.107/2007 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOTTAYAM .................... PETITIONER: PETITIONER ----------------------------------------- C.V.SASI, S/O.VELAYUDHAN, N.G.O. QUARTERS TYPE-2, NO.4 KAITHAVANA, SANATHANANAPURAM.PO., ALAPPUZHA. BY ADV. SRI.A.K.HARIDAS RESPONDENTS: RESPONDENTS ---------------------------------------------------- 1. A.N.SAMANTHABHADRAN (A.N.S.BHADRAN) S/O.NARAYANAN, BHAKTHI VILASAM HOUSE, KARIKKAD, SHERTHALA, ALLEPPEY DISTRICT. (ROOM NO.12, C.S.I.) ACCESSORIES SQUARE,.KOTTAYAM-2). 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3828 of 2007 = = = = = = = = = = = = = = Dated this the 2nd day of January, 2008 ORDER Petitioner, who is the accused in S.T.No.107 of 2007 on the file of Judicial First Class Magistrate Court (Mobile), Kottayam in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for a sum of Rs.75,000/-, challenges the order dated 1.09.07 passed by the learned Magistrate cancelling his bail bond and issuing non bailable warrants against him and refusing to reopen the evidence which was closed without the petitioner cross examining the complainant. 2. According to the petitioner, he was suffering from conjunctivitis and was advised by the Police Constable on duty at the court not to enter the court room and therefore noticing his absence in court the learned Magistrate had cancelled the bail bond and had also dismissed the petition filed by his counsel under Section 311 Cr.P.C for reopening the evidence. 3. In view of the aforesaid facts alleged by the petitioner, I do not think it necessary to issue notice to the 1st respondent- complainant. I am inclined to give the petitioner an opportunity Crl.M.C.No. 3828 of 2007 2 to surrender before the learned Magistrate and have his application for regular bail ordered with a further opportunity as a last chance to cross examine the complainant and adduce such rebuttal evidence, if any, as he may deem fit. 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 which case the petitioner shall be released on bail on the same terms on which he was earlier released. In case the petitioner herein has not cross examined the complainant, an opportunity to cross examine the complainant and to adduce the rebuttal evidence, if any, shall also be given by the learned Magistrate before closing the evidence. V. RAMKUMAR, JUDGE sj