JOSE THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner who is arrayed as accused in C.C.No.407/2014 on the file of Judicial First Class Magistrate Court, No -II, Thamarassery, 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.407/2014 originated on the basis of a 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, No -II, Thamarassery. The complainant filed 10 prosecutions under Section 138 of the Act. The petitioner earlier appeared and got enlarged on bail in C.C.No.407/2014. In none of the other cases, the petitioner was served with the summons and he was not aware of the posting dates. Consequent to the non appearance of the petitioner, the learned magistrate issued non bailable warrant to the petitioner. Now, non bailable warrant is pending against him. 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 and he also submitted that it is a bailable offence.