IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.MC.No. 2912 of 2010() ------------------------- CC.480/2009 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER(S): / ACCUSED --------------- ANUSHI.K.S, W/O.TAHA BAFAKYH D/O.K.S.HUSSAIN, MANJIMA, SILVER HILLS VELLIMADUKUNNU, CHEVAYUR VILLAGE KOZHIKKODE THALUK/DISTRICT BY ADV. SRI.MANJERI SUNDERRAJ SMT.SUSAN JACOB SMT.K.K.PREETHA SRI.MANJERI SUBIN SUNDER RAJ RESPONDENT(S): / COMPLAINANT & STATE --------------- 1. T.A.KRISHNAKUMARI REP. BY P/A P.N.JALADHARAN S/O.NARAYANAN, VRINDAVAN KOMMERI, VALAYANAD, P.O.GOVINDAPURAM KOZHIKKODE 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.7.2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ============ Crl.M.C.No. 2912 OF 2010 ================ Dated: 23rd day of July, 2010 ORDER The petitioner, who is the accused in C.C.No.480/2009 on the file of the J.F.C.M Court-IV, Kozhikkode for an offence punishable under Section 138 of the Negotiable Instrument Act, seeks to quash Annexures 3 and 4 orders passed by the Magistrate and the Sessions Court, Kozhikkode justifying the issue of non-bailable warrants of arrest against the accused for the non-appearance of his counsel consequent on the petitioner was granted exemption from personal appearance. 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 except that his counsel did not appear. It is only proper that Crl.M.C.No. 2912 OF 2010 2 the petitioner surrenders before the J.F.C.M Court-IV, Kozhikkode and seeks regular bail. 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, he shall be released on bail on appropriate conditions. The learned Magistrate shall recall non-bailable warrants if any, as and when receive the petitioner's application for bail. The petitioner will be entitled to file a fresh application under Section 205 Cr.P.C for personal exemption. V. RAMKUMAR, (JUDGE) dmb