IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 Crl.MC.No. 3394 of 2010() ---------------------- ST.884/2007 of JUDL.MAGISTRATE OF FIRST CLASS- II,PATHANAMTHITTA .................... PETITIONER(S): --------------- K.T.BABY, AGED 70 YEARS S/O.LATE K.G.THOMAS, INDIKKATTIL HOUSE VAKAYAR PO, PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. T.M.SAMUEL, MELETHIL HOUSE MALLASSRY PO, PATHANAMTHITTA 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. .............................................. Crl.M.C. No. 3394 of 2010 ................................................... Dated: 17th August, 2010 ORDER The petitioner, who is the accused in S.T. No. 884 of 32007 on the file of the J.F.C.M. II, Pathanamthitta, for an offence punishabale under Sec. 138 of the Negotiable Instruments Act, 1881 seeks a direction to the said Magistrate to release the petitioner on bail on the date of his surrender itself. 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 learned Magistrate 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 weeks from today. In case, the petitioner complies with the above condition, he shall be released on bail on appropriate conditions. The petitioner may apply for personal exemption under Sec. 205 Cr.P.C. in the light of Jain Babu v. Joseph – 2008 (4) KLT 16. 313 examination shall be conducted by having recourse to sub Section 5 of Sec. 313 Cr.P.C. Dated this the 17th day of August, 2010. V. RAMKUMAR, (JUDGE)