IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Crl.MC.No. 575 of 2008() PETITIONER: ACCUSED ------------------- P.I. MANOJ KUMAR, PROPRIETOR ELECTRIC SALES CORPORATION, PELICAN BUILDINGS II FLOOR, OPP. MOOPPAN'S HOSPITAL THANA, KANNUR BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: COMPLAINANT ------------------------ 1. E. NARAYANAN, S/O.GOVINDAN, PROPRIETOR S.N.TRADING, OPP. BUS STAND, TALIPARAMBA RESIDING AT DAYAROTH HOUSE, CHUZHAH DESOM CHUZHALI P.O., TALIPARAMBA TALUK. 2. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 575 of 2008 * * * * * * * * * * * * * * * * * * Dated: 21-02-2008 ORDER Petitioner who was the accused in C.C. No. 651 on the file of the J.F.C.M. I, Taliparamba for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and whose case was split up and transferred to the L.P. Register as L.P.C. No. 78 of 2004 seeks a direction to the Magistrate to consider his application for regular bail on the date of his surrender itself after recalling the non- bailable warrants of arrest against him. 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. It is only proper that the petitioner surrenders before the J.F.C.M. 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 months from today. In case, the petitioner complies with the above condition, his bail application shall be considered and disposed of on merits preferably on the same date on which it is filed notwithstanding the pendency of any non-bailable warrants, if any, against him and after considering the explanation offered by the petitioner for his previous non-appearance. V. RAMKUMAR, (JUDGE) ani ani.