IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 428 of 2011()
1. DINESH, S/O.NARAYANAN, MALAYIL VEEDU,
... Petitioner
Vs
1. STATE OF KERALA-REPRESENTED BY
... Respondent
2. M.NITHYANANDAN, S/O.MUTHU NARAYANAN,
For Petitioner :SRI.R.PADMAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :11/02/2011
O R D E R
THOMAS P.JOSEPH, J.
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Crl. M.C. No.428 of 2011
====================================
Dated this the 11th day of February, 2011
O R D E R
Petitioner is accused in C.C. No.75 of 2006 and L.P.
No.92 of 2009 of the court of learned Judicial First Class
Magistrate-IV, Neyyattinkara for offence punishable under Section
138 of the Negotiable Instruments Act. Petitioner states that he is
ready to surrender before the learned Magistrate and seek bail but
he is apprehensive of a remand. He has requested for a direction
to the learned Magistrate to release him on bail on the day he
surrenders and files an application. I have heard learned counsel
for petitioner and the learned Public Prosecutor.
2. In the light of the decision in Martin v. State of
Kerala (2004 [2] KLT 1037) no such direction as prayed for could
be issued to the learned Magistrate. It is for the learned
Magistrate to consider the application and pass appropriate orders
having regard to the facts of the case.
3. But to enable the petitioner surrender before the
learned Magistrate I direct that the non-bailable warrant issued to
CRL.M.C. No.428 of 2011
-: 2 :-
the petitioner will stand in abeyance for a period of two weeks
from the day notified for delivery of a copy of this order or till
petitioner surrenders before the learned Magistrate whichever is
earlier.
Resultantly Criminal Miscellaneous Case is disposed of
directing that the non-bailable warrant issued to the petitioner
will stand in abeyance for a period of two weeks from the date
notified for delivery of a copy of this order or till petitioner
appears before the learned Magistrate whichever is earlier. If
petitioner files any application for bail learned Magistrate shall
consider the same and pass appropriate orders as early as
possible having regard to the fact and circumstances of the case.
THOMAS P. JOSEPH, JUDGE.
vsv
