IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Crl.MC.No. 3249 of 2009() --------------------------------------- CMP 2984/2009 IN CC.1427/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O), ERNAKULAM. .................... PETITIONER(S): ACCUSED ---------------------- E.ANZIL S/O. IBRAHIM KUNJU, POOPALLY HOUSE, ALISSERY, ALAPPUZHA. BY ADV. SRI.VISHNU SOMAN RESPONDENT(S): COMPLAINANT -------------------------- 1. ROY, S/O. VIJARAJAN, 27/1349, KOITHARA, ROAD, PANAMPALLY NAGAR, ERNAKULAM 2. STATE OF KRALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/10/2009, ALONG WITH CRMC. NO.3250 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------------- CRL.M.C.NO.3249 & 3250 OF 2009 ---------------------------------------------------- Dated 9th October 2009 O R D E R Petitioner is the accused in C.C.1427/2006 and 1428/2006 on the file of Additional Chief Judicial Magistrate, (Economic Offence), Ernakulam. Case against the petitioner is that he committed the offence under Section 138 of Negotiable Instruments Act. According to the petitioner, he was released on bail and was appearing before the learned Magistrate regularly, but on account of failure to appear on a particular day, non bailable warrant was issued and though petitioner filed an application under Section 205 of Code of Criminal Procedure that was dismissed and non bailable warrant was issued and in such circumstances, a direction is to be issued to the Magistrate to consider the application for bail on the date of surrender and also to pass appropriate order in a petition filed under Section 205 of Code of Criminal Procedure. 2. When an accused surrenders and files an CRMC 3249 & 3250/09 2 application for bail, the Magistrate is expected to pass orders therein without delay. When the allegation against the petitioner is that he committed offence under Section 138 of Negotiable Instruments Act and he files an application for exemption under Section 205 of Code of Criminal Procedure, I find no reason to believe that Magistrate will not grant exemption. I find no reason to believe that the Magistrate is unaware of the provisions of law or the decisions of this court or the Apex court or that the Magistrate will not act in accordance with law. In such circumstances, no direction is warranted. Petitions are disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.