K P VARGHESE Vs. BABY SAMYUKTHA

JUDGEMENT

(1.) NOTICE to the first respondent is dispensed with in view of the order I propose to pass in this proceeding.

(2.) PETITIONER is accused in C.C.No.185 of 2007 of the Court of learned Judicial First Class Magistrate, Kayamkulam facing trial for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, "the Act"). Originally, he was released on bail and later, it happened that on 23.10.2010 he could not appear before learned Magistrate. Thereon, an advocate represented "no instruction". Learned Magistrate cancelled the bail and issued non bailable warrant to the petitioner. At that stage petitioner approached this Court with O.P(Crl).No.36 of 2011 and this Court directed learned Magistrate to consider the application for bail if presented by the petitioner and pass orders as early as possible. PETITIONER says that since he was not able to arrange sureties he could not appear before learned Magistrate. PETITIONER says that he is prepared to execute self bond and deposit the bond amount before learned Magistrate. PETITIONER seeks a direction to the learned Magistrate to release him on bail on such conditions. Learned counsel submitted that it is on account of inability of petitioner to arrange sureties that he is constrained to come to this Court with a relief of this nature. I have heard learned Public Prosecutor also.