IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 Crl.MC.No. 3052 of 2010(R) -------------------------- AGAINST THE ORDER IN LP.130/09 IN ST.609/2005 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): ACCUSED ------------------------------------------- REMA KANTHAN, UTHRAM AGENCIES, T.C.NO.29/375, THENGAPARA LANE, KAITHAMUKKU, THIRUVANANTHAPRUAM. BY ADV. SRI.V.ANIL (K/1480/98) RESPONDENT(S): STATE ------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = Crl.M.C. No.3052 of 2010 = = = = = = = = = = = = = = = Dated: 30.07.2010 ORDER Petitioner who is the accused in S.T.No.609/2005 on the files of Addl.Chief Judicial Magistrate Court, Thiruvananthapuram for offences punishable under Sections138 and 142 of the Negotiable Instrument Act, 1881 and whose case is now pending as L.P. No. 130/2009 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. On the petitioner filing an application for regular bail, Crl. M.C. No. 3052 of 2010 2 warrants pending before the petitioner shall stand recalled. Accordingly, 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 case, the petitioner complies with the above condition, his bail application shall be considered and disposed of on merits preferably on the same date on which it is filed notwithstanding the pendency of any non-bailable warrants against him. The petitioner shall thereafter be entitled to apply for personal exemption during the trial of the case. Dated this the 30th day of July, 2010 V. RAMKUMAR, (JUDGE) sj