IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Crl.MC.No. 779 of 2008 ------------------------ ST.615/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... PETITIONER: ACCUSED: -------------------- SHAJI.M.R., S/O.RAGHAVAN, MADHATHINANCHIRA HOUSE, PUNNAKKAL P.O., THIRUVAMBADI. BY ADV. SRI.P.V.KUNHIKRISHNAN SMT.BINDU GEORGE RESPONDENTS: COMPLAINANT & STATE: --------------------------------- 1. SIJU.P., S/O.GOPINATHAN NAIR, GOPIKA NIVAS HOUSE, THONDIMMAL, MUKKOM P.O. 2. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 779 of 2008 = = = = = = = = = = = = = = Dated this the 27th day of February, 2008 ORDER The Petitioner, who is the accused in S.T.No.615/2007 on the file of the Judicial First Class Magistrate-II, Thamarassery for an offence punishable under Section 138 of the Negotiable Instrument Act, seeks a direction to the said Magistrate to release the petitioner on bail on the date of his surrender itself. 2. Admittedly non bailable warrants of arrest are pending against the petitioner. 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 learned Magistrate and seeks regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail within two weeks from today, the petitioner shall be released on bail on appropriate conditions. It shall be open to the petitioner to move for exemption from personal appearance. The Magistrate shall ensure that the personal appearance of the petitioner is insisted only if the same is inevitable during any stage of the trial. V. RAMKUMAR, JUDGE ks.