K T BABY Vs. ABRAHAM VARGHESE

JUDGEMENT

(1.) HEARD both sides. This petition under Section 482 Cr. P. C. is filed by the accused in S. T. 955 of 2006 on the file of the Chief judicial Magistrate Court, Papthanamthitta alleging offence under section 138 of the N. I. Act. Now non-bailable warrant is pending. The counsel for the petitioner submitted that if the petitioner is released on bail he will not abscond or tamper with evidence. Since non-bailable warrant is pending, the proper procedure is to approach the court below and file an application under Section 70 (2) Cr. P. C. for cancellation of warrant. The petitioner is directed to surrender before the court below on or before 7. 7. 2009. On such surrender, the learned Magistrate may allow the petition to go on bail. While granting the petitioner bail, the learned Magistrate may impose suitable conditions. Petition allowed to that extent.