AUGUSTINE GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the accused in C.C.No.1706/2000 which is numbered as L.P.No.104/2005 on the file of the Chief Judicial Magistrate's Court, Ernakulam, to issue direction to the Magistrate under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) THE case of the petitioner in the petition is that he is the accused in L.P.No.104/2005 in C.C.No.1706/2000 on the file of the Chief Judicial Magistrate's Court, Ernakulam, alleging offence under Section 138 of the Negotiable Instruments Act. The petitioner was out of station in connection with his employment so he did not receive the legal notice and the repeated summons issued to him in the case. So he did not appear and the court below issued warrant and subsequently transferred the case to register of long pending cases and it is now pending as L.P.No.104/2005 before that court. Though the petitioner is prepared to surrender, in view of the pendency of 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: "To pass an order directing the Chief Judicial Magistrate Court, Ernakulam to recall the warrant issued against the petitioner in LP No.104/2005, to consider his bail application on his surrender and also pass such other appropriate orders which this Hon'ble Court deems fit and proper in the facts and circumstances of the case so as to secure the ends of justice."

(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.