Petitioner herein is the accused in a prosecution brought under Section 138 of the Negotiable Instruments Act. The case is now pending as S.C. No. 640/2014 before the judicial First Class Magistrate Court, Thalassery. On the apprehension of arrest in execution of the warrant of arrest issued by the court, he brought this petition under Section 482 Cr.P.C. for a direction to the learned Magistrate to release him on bail without insisting on execution of bond by two sureties. As a condition he is prepared to make deposit of the entire amount due under the cheque in question. 2. On hearing the learned counsel, I find that the prayer as sought by the petitioner cannot be granted by this Court. This Court cannot direct the learned Magistrate to release the petitioner on bail, because such direction can be made only in appropriate proceeding. So also, this Court cannot direct the Crl.M.C.. No. 5622/2014 2 learned Magistrate, as to what all conditions shall be imposed, or what all conditions shall not be imposed. It is for the learned Magistrate to decide, on what condition bail can be granted in the present situation whether the accused has practically absconded from legal process. No doubt, he will have to be granted bail because the offence is bailable. If the accused is ready to make deposit of the entire cheque amount, the learned Magistrate can consider the request of the petitioner. The trial court can decide whether there is absolute necessity of bail bond by sureties in such a situation.
In the result, this Crl.M.C. is closed, with the observations made as above, and with direction to the petitioner to surrender before the learned Magistrate and seek regular bail.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE