IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Crl.MC.No. 1453 of 2008() ------------------------- LP NO.8/2008 IN CC.494/2007 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA .................... PETITIONER: ACCUSED: --------------------------- SARADA GOPINATHA PAI, AGED 56 YEARS, 'GOKULAM', OLD THIRUMALA WARD, ALAPPUZHA-11. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: STATE & COMPLAINANT: ---------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. E.T. JOSEPH, S/O. THOMAS, THURANTHARA HOUSE, THATHAMPALLY (P.O), ALAPPUZHA. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1453 of 2008 = = = = = = = = = = = = = = Dated this the 3rd day of April, 2008 ORDER Petitioner who is the accused in C.C. No. 494 of 2007 on the file of the Chief Judicial Magistrate, Alappuzha for an offence punishable under Section 138 of the Negotiable Instruments Act and whose case was split up and transferred to the Long Pending Register as L.P.No.8 of 2008, seeks a direction to the Magistrate to consider her application for regular bail on the date of her surrender itself after recalling the non bailable warrants of arrest against her. 2. 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 trial court and seeks regular bail. 3. Accordingly this Criminal Miscellaneous Case 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 she does so, she shall be released on bail. V. RAMKUMAR, JUDGE. rv