The petitioner herein is accused in so many cases. He is involved in six prosecutions brought under Section 138 of the Negotiable Instruments Act. Now warrant of arrest against him is pending from the Judicial First Class Magistrate Court II, Ernakulam in those cases. His grievance is that he does not have solvent sureties, and so he seeks a direction to the court below to permit him to execute a self bond, or even to make cash deposit as a condition for bail. Of course, such a direction cannot be issued under Section 482 of the Code of Criminal Procedure in a proceeding pending before the trial court. When the accused approaches the court and makes application for bail, the trial court will have to decide the conditions for bail. The petitioner can present his grievance before the learned Magistrate, and seek appropriate relief. It is for the trial court to decide on what all conditions an accused can be released on bail. If the grievance of the petitioner is genuine, of course, the court can consider the grievance and Crl.M.C No.7312 of 2014 2 pass appropriate orders regarding the necessary conditions for bail. If the petitioner has two sureties to help him, and if they are solvent to the extent of the total amount involved in the dispute, or the total amount of bond ordered by the court in six cases, those two sureties can be accepted in all the cases. Otherwise, if the petitioner is able to make security deposit, and if that is acceptable to the court, that course also can be thought of. Anyway, let appropriate decision be taken by the learned Magistrate on the request of the petitioner. This Court cannot pass any positive direction as requested by the petitioner at this stage.
2. Considering the request of the petitioner in the interest of justice, execution of warrant of arrest in the six cases will stand suspended for a short period of ten days. During this period he will have to surrender, make application for bail and present his grievance before the trial court.
With these observations this Criminal Miscellaneous Case is closed.
P.UBAID JUDGE ab