Petitioner apprehends arrest in S.T. No.4 of 2004 (L.P.No.21 of 2004) of the court of learned Chief Judicial Magistrate, Kottayam for the offence punishable under Section 138 of the NI Act. 2. Learned counsel submits that the petitioner is prepared and willing to appear before the learned Chief Judicial Magistrate and seeks regular bail.
3. I have heard the learned Public Prosecutor also.
4. Learned counsel has brought to my notice the decision in Manoj Kumar v. State of Kerala [1990 (1) KLT 120] where it is stated that even when bail granted with respect to bailable offence is cancelled and non-bailable warrant is issued, there is no justification in disallowing the prayer for bail.
5. Petitioner can seek regular bail from the court concerned. To facilitate that I am inclined to issue direction.
Bail Appl.No. 4517 of 2014 () 2
(i) Petitioner shall surrender before the learned Chief Judicial Magistrate, Kottayam in S.T.No.4 of 2004 (L.P.No.21 of 2004) on or before 19.06.2014 and seek regular bail.
(ii) It is directed that warrant of arrest if any issued to the petitioner will stand in abeyance until the petitioner appears before the learned Chief Judicial Magistrate, Kottayam or till the expiry of 19.06.2014, whichever is earlier.
(iii) In case the petitioner does not appear before the learned Chief Judicial Magistrate, Kottayam as directed above, this order will cease to be effective on the expiry of the time granted hereby.
Application is disposed of as above.
AMV Sd/- THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE