IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 Crl.MC.No. 1027 of 2009() ------------------------------------ S.T. NO.88/2006 OF JUDL. FIRST CLASS MAGISTRATE COURT, PATTAMBI. ........... PETITIONER(S): ACCUSED ---------------------- K.VASUDEVAN, KOLLAYILVEEDU, THIRUVEGAPURA, OTTAPALAM. BY ADV. MR.K.R.VINOD RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 1027 OF 2009 --------------------------------- Dated this the 17th day of March, 2009 O R D E R This petition is filed with a prayer to release the petitioner on bail on the date of surrender itself by executing a self bond in S.T. 88/2006 pending before the Judicial First Class Magistrate Court, Pattambi. The prayer as such cannot be allowed because the bail bond has been cancelled and notice has been issued and non-bailable warrant is also pending. But the offence involved in this case is under Section 138 of the Negotiable Instruments Act. If the petitioner surrenders before the Magistrate Court and moves an application for bail, I direct the learned Magistrate to consider the petitioner's bail application on the same day itself and pass appropriate orders. Unless there are compelling circumstances the court need not disqualify the earlier sureties who had stood as sureties for release of the person. The surrender may be done on or before 31.3.2009. The Crl.M.C is disposed of accordingly. M.N. KRISHNAN, JUDGE vkm