IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 Crl.MC.No. 3331 of 2010() ------------------------- ST.75/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER/ACCUSED ---------------------- ZIAD, C/O. BISMI, MOOLAVILAKAM, MRA NO.241 (A), KUNNUKUZHI.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.K.MUHAMMED RESPONDENTS/STATE & COMPLAINANT ---------------------------------- 1. SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. GOKULAM CHIT & FINANCE, HOTEL BRIGHT, N.H.ROAD, KOTTIYAM, KOLLAM, REPRESENTED BY M.G. SUNIL KUMAR, AYYAPPA JYOTHI, P.K.P.KAVALA, KUNDARA, KOLLAM. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------- Crl.M.C. No. 3331 OF 2010 -------------------------- Dated this the 13th day of August, 2010 O R D E R Petitioner is the accused in S.T. No.75 of 2007 on the file of the Chief Judicial Magistrate, Kollam which emanates from a complaint filed by the second respondent imputing the offence under Section 138 of the Negotiable Instruments Act. The above case has now been included in the long pending cases since the petitioner did not appear in response to the summons issued from the court. Petitioner now seeks issuance of a direction to the court below to consider his bail application on the date of his appearance submitting that he wishes to surrender before the court below. The counsel for the petitioner also submits that he could not appear earlier for the reason that he had not received the summons from the court. There will be a direction to the court below to consider the bail application of the petitioner preferably on the date of his surrender, subject to the regular work of the court, in case he appears before the court within a period of two weeks from the date of this order. Having regard to the fact that the offence imputed Crl. M.C. No.3331/2010 2 against the petitioner is only for the offence punishable under Section 138 of the Negotiable Instruments Act and in the absence of exceptional circumstances justifying his detention, the learned Magistrate shall consider the bail application, if any, moved by the petitioner with the leniency called thereof. The Cr.M.C. is disposed of. S.S.SATHEESACHANDRAN, (JUDGE) vps Crl. M.C. No.3331/2010 3 Crl. M.C. No.3331/2010 4