IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Crl.MC.No. 591 of 2008() ---------------------------- S.T.NO. 598/2005 of JUDICIAL FIRST CLASS MAGISTRATE-IV, KOCHI PETITIONER: ACCUSED -------------------------- PONMALAI P.C., AGED 54 YEARS S/O.CHALLAN, 7-X-JJ NAGAR, GANESAPURAM PODANUR POST -23, COIMBATORE -641 023 PROPRIETOR, PRODUCT INDIA MUTHUMARIAMMAN KOIL STREET END, COIMBATORE -641 023. BY ADV. SRI.BIJU M.JOHN RESPONDENTS: COMPLAINANT/STATE ------------------------------------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. BPL MOBILE CELLULAR LIMITED, HAVING REG. OFFICE AT BPL CENTRE, NO.1045/1046,AVANASHI ROAD COIMBATORE-641018, REP.THROUGH ITS DULY AUTHORISED POWER OF ATTORNEY HOLDER, RAJESH MELETHVEETTIL,S/O.RAGHAVAN MELETHVEETTIL, AGED ABOUT 34 YEARS, MANAGER LEGAL (KERALA&TAMIL NADU), BPL MOBILE CELLULR LIMITED, 1045/1046, AVANASHI ROAD, COIMBATORE – 641 018, HAVINT ITS KERALA CIRCLE OFFICE,ASHIS BUILDINGS, SHANMUGHAM ROAD,ERNAKULAM, KOCHI -31. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 591 of 2008 = = = = = = = = = = = = = = Dated this the day of January, 2008 ORDER Petitioner, who is the accused in S.T. No. 598 of 2005 on the file of the Judicial First Class Magistrate-IV, Kochi for an offence punishable under Section 138 of the Negotiable Instruments 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, 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 the petitioner complies with the above condition, he shall be released on bail by the Magistrate. The petitioner is also permitted to deposit an amount of Rs.1000/- by way of fine before the Judicial First Class Magistrate-IV which shall dispose of the case taking into account the deposit of Rs.1000/- which may be ordered to be paid as compensation to the complainant under Section 357(1) Cr.P.C. V. RAMKUMAR, JUDGE. rv