IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 17TH JULY 2007 / 26TH ASHADHA 1929 Crl.MC.No. 2262 of 2007() ------------------------- [C.C.NO.848/2004 OF J.F.C.M COURT, THIRUR] PETITIONER: ACCUSED ------------------- E.P.KUNHIMOIDU, S/O.CHEKKUTTY, EDAKKULATH PUTHEN PURAKKAL HOUSE, THIRUNAVAYA. BY ADV. SRI.C.S.MANILAL RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2262 of 2007 ---------------------------------------- Dated this the 17th day of July 2007 O R D E R The petitioner is an accused in a prosecution under Section 138 of the Negotiable Instruments Act. The case stood posted for orders to 23/4/2007 and 11/5/2007. As the petitioner was absent on those dates, non-bailable warrant was issued against the petitioners. The petitioner submits that his absence before court was not wilful or deliberate; but was due to reasons beyond the control of the petitioner. The petitioner is now willing to appear before the learned Magistrate to receive the sentence. But he apprehends that he may be remanded to custody unnecessarily and his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. 2. The case now stands posted for orders as revealed from the submissions of the petitioner. The petitioner can certainly appear before the learned Magistrate and the learned Magistrate must proceed to pass orders on such date of surrender itself, if the judgment is ready. If the judgment is not Crl.M.C.No.2262/07 2 ready, the learned Magistrate must consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. The warrant of arrest issued against the petitioner shall not be executed till 23/7/2007. On or before that date, the petitioner must appear before the learned Magistrate and seek further directions. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.2262/07 3 Crl.M.C.No.2262/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007