IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 Crl.MC.No. 1396 of 2008(A) -------------------------- L.P.7/08 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER: ACCUSED: -------------------------- AHAMMED HASHIM, S/O.ABDUL HAMEED HAJI, PADUNGAL HOUSE, ORUMANAYUR, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.03.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1396 of 2008 = = = = = = = = = = = = = = Dated this the 31st day of March, 2008 ORDER Petitioner who is the accused in C.C. No. 1311 of 2004 on the file of the Judicial First Class Magistrate, Kunnamkulam for an offence punishable under Section 138 of Negotiable Instruments Act and whose case was split up and transferred to the Long Pending Register as L.P.No.7 of 2008, seeks a direction to the Magistrate to consider his application for regular bail on the date of his surrender itself after recalling the non bailable warrants of arrest against him. 2. The circumstances under which those non bailable warrants of arrest came to be issued against the petitioner are not discernible to this Court. It is only proper that the petitioner surrenders before the trial court and seeks regular bail. 3. Accordingly this Criminal Miscellaneous Case is disposed of permitting the petitioner to surrender before the learned Magistrate and file an application for regular bail within a period of two weeks from today. In case he does so, he shall be released on bail. V. RAMKUMAR, JUDGE. rv Crl.M.C.No. 2