BABY GIREESH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner who is arrayed as accused in C.C. No. 1852/2010 on the files of Judicial First Class Magistrate Court -III, (Munsiff Court), Ernakulam to issue direction to the Magistrate under Section 482 of the Code of Criminal Procedure.

(2.) THE case of the petitioner in the petition is that he is the accused in C.C. No. 1852/2010 originated on the basis of the private complaint filed by the complainant alleging offences under Section 138 of the Negotiable Instruments Act and it is pending before Judicial First Class Magistrate Court -III, (Munsiff Court), Ernakulam. It is submitted that the petitioner was unaware of the proceedings and in fact, he had not received any summons from the court below and he did not appear before the court below. Consequent to the non appearance of the petitioner, the learned magistrate issued non bailable warrant to the petitioner. Though the petitioner is prepared to surrender, in view of the pendency of non bailable warrant against him, he apprehends that, he is likely to be remanded and his bail application will not be considered on the date of filing of the application itself. So, the petitioner has no other remedy except to approach this Court seeking the following relief:

(3.) LEARNED counsel for the petitioner submitted that his only apprehension is that if he surrenders, his bail application will not be considered on the same day and he will be remanded to custody.