IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 15TH MAY 2009 / 25TH VAISAKHA 1931 Crl.MC.No. 1602 of 2009() ------------------------- C.C. 109/08 OF JFMC VI, KOZHIKODE (MARAD CASES) PETITIONER: --------------- T.S. SWAMINATHAN, S/O. SUBRAMANINA, AGED 37 YEARS, THERAYANCODE HOUSE, EZHAKKAD, P.O. MUNDUR, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KONGAD POLICE STATION, PALAKKAD. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS, J ------------------------------------ Crl.M.C No.1602 of 2009 ------------------------------------- Dated this the 15th day of May, 2009 O R D E R Heard both sides. This petition under Section 482 Cr.P.C is filed by the accused in C.C.No.109 of 2008 on the file of Judicial Magistrate of the First Class-VI, Kozhikode. The offence alleged is under Section 138 of the Negotiable Instruments Act. 2. Since the petitioner is willing to surrender and face trial, practically no purpose will be served by sending the petitioner to jail. Hence this petition is allowed. The petitioner is directed to surrender before the trial court on or before 10.07.2009. On such surrender, the learned Magistrate may allow the petitioner to go on bail. While releasing the petitioner on bail the learned Magistrate may impose suitable conditions. M.L.JOSEPH FRANCIS JUDGE rtr/-