IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Crl.MC.No. 433 of 2008() ------------------------ CC.298/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER: ACCUSED: ----------------------------------- P.P. MOHANAN, MUTHIRAPARAMBATHU HOUSE, POST KOYILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.P.NARAYANAN RESPONDENTS: COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 433 of 2008 = = = = = = = = = = = = = = Dated this the 1st day of February, 2008 ORDER Petitioner, who is the accused in C.C.No.298 of 2006 on the file of Addl.Chief Judicial Magistrate Court, Thalassery, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, seeks direction to the said Magistrate to release the petitioner on bail on the date of his surrender itself. 2. Consequent to non appearance of the petitioner, non bailable warrants of arrest are pending against the petitioner. There appears to have valid reasons for his previous non appearance. However, being a prosecution under Section 138 of the Negotiable Instruments Act, 1881, I see no justification as why the petitioner should be remanded to judicial custody on his surrender before the learned Magistrate Accordingly, this Criminal Miscellaneous Case is disposed of permitting the petitioner to surrender before the learned Magistrate and to 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 including one ensuring his presence before the court for the further progress of the trial. Non bailable warrants, if any, pending against the petitioner shall not be executed until such disposal. V. RAMKUMAR, JUDGE sj