IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Crl.MC.No. 1340 of 2009() ------------------------- (S.T.NO. 151/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPPALAM) PETITIONER(S)/ACCUSED: --------------- K.VASUDEVAN, KOLLAYILVEEDU, THIRUVEGAPURA, OTTAPALAM. BY ADV. SRI.K.R.VINOD RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 1340 OF 2009 --------------------------------- Dated this the 8th day of April, 2009 O R D E R This petition is filed with a prayer to direct the Judicial First Class Magistrate court, Ottappalalm to release the petitioner on bail either on his self bond or on the bond being executed by the same sureties. The grievance is that the case was pending before the Judicial First Class Magistrate Court, Alathur and it was suo moto advanced and transferred to Judicial First Class Magistrate Court Ottappalam. The petitioner could not get the date. Neither he nor his counsel able to appear before the court which has resulted in the issuance of non bailable warrant by cancellation of the bond executed by the sureties. The offence is under Section 138 of the Negotiable Instruments Act . When the petitioner surrenders before the said court and movs an application for bail, I direct the learned Magistrate to consider the same and pass appropriate orders in accordance with law on the very same date and he may also consider that whether the very same sureties can continue. If the Magistrate feels it is not possible then he Crl.M.C. 1340/2009 -2- may release the petitioner on self bond and give some time for producing the sureties. M.N. KRISHNAN, JUDGE vkm