IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Crl.MC.No. 30 of 2008() ----------------------- CC.202/2002 of JUDL.MAGISTRATE OF FIRST CLASS, MANANTHAVADY .................... PETITIONER: ACCUSED ------------------- N.P.THOMAS, S/O. PATHROSE, NANNAT HOUSE, PUTHUSSERYKKADAVU P.O., PADINJARETHARA, MANANTHAVADY VIA., WAYANAD DIST. BY ADV. SRI.P.J.MATHEW RESPONDENTS: STATE ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NAZAR P., S/O. ALAVI, PUTHENPURAYIL HOUSE, KARAKKAMALA P.O., MANANTHAVADY, WAYANAD DISTRICT. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C.NO. 30 of 2008 * * * * * * * * * * * * * * * * * * Dated: 3rd January 2008 ORDER Petitioner who is the accused in C.C. No. 202 of 2002 on the file of the J.F.C.M - I, for an offence punishable under Section 138 of the N.I.Act involving a cheque for Rs. 1,74,000/- and who has been absconding and whose case has been included in the Long Pending Case Register and registered as 54 of 2004 seeks a direction to the J.F.C.M. to re-call the warrant and release the petitioner on bail. 2. The circumstances under which the bail bond of the petitioner was cancelled and warrants were issued against him are not discernible. In the fitness of things, it is for the petitioner to surrender before the Magistrate and seek regular bail. Accordingly, this M.C. is disposed of permitting the petitioner to surrender before the Magistrate and file an application for regular bail within two weeks from today on the petitioner complying with the above condition, the Magistrate shall dispose of the same, preferably on the same date on which it is filed. I place on record the submission made on behalf of the petitioner, that the petitioner is willing to settle the matter with the complaint. V. RAMKUMAR, (JUDGE) ani.