IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 Crl.MC.No. 322 of 2011() ------------------------ ST.1141/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER(S): ACCUSED ------------------------------------- THULASEEDHARAN, S/O.RAMACHANDRAN, KARIPPALI HOUSE, P.O.THALASSERY, VIA DESAMANGALAM, THRISSUR DISTRICT. BY ADV. SRI. JIJO PAUL RESPONDENT(S): STATE ------------------------------------ THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROCECUTOR ADV. SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SMT THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.322 of 2011 --------------------------------------- Dated this 03rd day of February, 2011 ORDER Petitioner is accused in S.T.No.1141 of 2006 of the court of learned Judicial First Class Magistrate, Pattambi for offence punishable under Sec.138 of the Negotiable Instruments Act. Petitioner wanted to go abroad in connection with his employment and hence could not appear in the trial court. Hence non bailable warrant was issued to him. Petitioner is ready to surrender but he apprehends that he might be remanded to judicial custody on account of his absence. He therefore seeks a direction to the learned Magistrate to recall the non bailable warrant and release him on bail on his surrender. 2. I have heard learned counsel for petitioner and the Public Prosecutor. In the light of the decision of the Supreme Court in T.G.N.Kumar Vs. State of Kerala (2011(1) KHC 142) no such direction as prayed for could be granted. It is for the learned Magistrate to decide, on the facts and circumstances stated by learned counsel whether he could be released on bail (taking into account nature of the offence). Therefore, having regard to the circumstances stated I am inclined to direct that Crl.M.C.No.322 of 2011 -: 2 :- non bailable warrant issued to the petitioner will stand in abeyance for some time. In the meantime petitioner shall surrender and seek regular bail. Resultantly this criminal miscellaneous case is disposed of directing that the non bailable warrant in S.T.No.1141 of 2006 of the court of learned Judicial First Class Magistrate, Pattambi will stand in abeyance for a period of three weeks from today or until petitioner surrenders in the trial court whichever is earlier. If any application for bail is preferred, learned Magistrate shall dispose of that application as provided under law having regard to the nature and circumstances of the case. (THOMAS P JOSEPH, JUDGE) Sbna/-