Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN WEDNESDAY, THE 3RD DAY OF JULY 2013 12TH ASHADHA, 1935 Crl.MC.No. 2706 of 2013 () --------------------------- ST 1493/2007 of JUDICIAL FIRAST CLASS MAGISTRATE- I,PATHANAMTHITTA PETITIONER/ACCUSED: ------------------ KRISHNAN KUTTY S. AGED 5 YEARS S/O. SIVARAMAN, SHAPPUPARAMBIL HOUSE, MAKKAPPUZHA P.O.,RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADVS.SRI.V.SETHUNATH SRI.S.JUSTUS RESPONDENTS/COMPLAINANT/STATE: ----------------------------- 1. THE MANAGER,STATE BANK OF INDIA, PATHANAMTHITTA BRANCH-PIN-689645.
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SMT. S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BP V.K.MOHANAN, J.
------------------------------------------ Crl.M.C.No.2706 of 2013 ------------------------------------------- Dated this the 03rd day of July, 2013 ORDER The petitioner is the sole accused in S.T.No.1493 of 2007 on the file of the Judicial First Class Magistrate Court-I, Pathanamthitta which is a case instituted upon a private complaint for the offence punishable under Section 138 of the N.I. Act.
2. The case of the petitioner is that coercive steps are now initiated against the petitioner and being Government Servant he apprehends that in case of his surrender before the court below he is likely to be sent to jail. Therefore, the above Crl.M.C. is filed under Section 482 of Cr.P.C. with a prayer to direct the learned Magistrate of the court below to consider his bail application and grant bail to secure the ends of justice.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. On a perusal of the petition and on the submission of the learned counsel it appears that the Crl.M.C.No.2706 of 2013 :-2-: petitioner is involved in a prosecution for the offence punishable under Section 138 of the N.I. Act. Though the case is instituted against him during the year 2007 so far he has not surrendered to the jurisdiction of the learned Magistrate. If that be so, it is for the petitioner to approach the court below and seek order to cancel the NBW and for regular bail. It appears that NBW was issued against the petitioner as he failed to submit to the jurisdiction of the court. In such a case giving direction to the learned Magistrate to re-call the NBW will amount to usurping the powers of the court below. In the above circumstances, the only option of the petitioner is to approach the court below. In the above circumstances, the petitioner is relegated to approach the Judicial First Class Magistrate Court-I, Pathanamthitta and if he is so advised he can surrender before the said court and seek orders to re-call the warrant and for regular bail and accordingly there will be a direction to the learned Magistrate that in case of surrender of the petitioner before the court below and on moving application to recall Crl.M.C.No.2706 of 2013 :-3-: NBW and for regular bail, the same shall be considered on merit and pass appropriate orders thereon on the date of his surrender itself. The Crl.M.C. is disposed of as above. V.K.MOHANAN, JUDGE skj True copy P.A. to Judge