IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 Crl.MC.No. 636 of 2008() ------------------------ CC.2245/2002 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER/ACCUSED: -------------------------- SREELAL, ARYA PRODUCTIONS, 4TH FLOOR, 4C, SILVER GLADE APARTMENTS, CHILAVANOOR, ELAMKULAM, KOCHI-20. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------- 1. R.S PRADEEPKUMAR, AISWARYAM KUMARANILAYAM LANE, RAVIPURAM P.O., KOCHI-16. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.02.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 636 of 2008 ========================== Dated this the 11th day of February, 2008. O R D E R The petitioner, who is the accused in C.C.No. 2245/2002 on the file of the Additional Chief Judicial Magistrate, Ernakulam in a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.45,000/-, seeks to quash the proceedings before the Magistrate and also a direction to the Magistrate to release him on bail on the date of his surrender. 2. Admittedly, non-bailable warrants of arrest are pending against the petitioner. The circumstances under which those warrants came to be issued against the petitioner are not fully discernible to this Court. Hence, the proper course for the petitioner would be to surrender before the Magistrate and apply for regular bail. Accordingly, if the petitioner surrenders before the Magistrate and files an application for regular bail within two weeks from today, he shall be released on bail on appropriate conditions. I make it clear that the presence of the accused before the court need not be insisted unless it is inevitable during the trial of the case. The warrants of arrest,if any, pending against the petitioner shall not be executed. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv