2025:KER:27533 CRL.MC NO. 3092 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 CRL.MC NO. 3092 OF 2025 AGAINST THE ORDER/JUDGMENT IN LP NO.32 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,THALASSERY PETITIONER: JAFAR.T.K AGED 38 YEARS S/O. ISMAIL, RESIDING AT THEEKKUNNUMMEL HOUSE, PARAKKADAVU P.O., NADAPURAM, CHEKKIAD VILLAGE, VADAKARA TALUK, KOZHIKODE DIST, PIN - 673509 BY ADV THAREEK T.S. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 ALI S/O.UMMERKUTY HAJI, PULLATTUMMEL HOUSE, KADAVATHOOR.P.O, THALASSERY TALUK, KANNUR, PIN - 670676 BY SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:27533 CRL.MC NO. 3092 OF 2025 2 ORDER Petitioner is the accused in ST.No.1288 of 2014, which is now pending in the register of long pending cases as L.P.No. 32 of 2016 on the files of the Judicial First Class Magistrate Court, Thalassery for the offence punishable under Section 138 of the Negotiable Instruments Act. Petitioner was granted bail by the court, but his failure to appear thereafter, resulted in issuance of non-bailable warrant and initiation of coercive measures. This Crl.M.C is filed seeking an opportunity to surrender and for a direction to the court below to consider the petitioner’s bail application on the day of surrender itself. 2. Learned counsel for the petitioner submits that after securing bail, petitioner had to leave the state for the purpose of employment and his absence was not willful. It is submitted that the petitioner is desirous of surrendering in court but is apprehensive that his bail application will not be considered on the same day. 3. I heard the learned Public Prosecutor also. 2025:KER:27533 CRL.MC NO. 3092 OF 2025 3 Considering the willingness expressed and the limited reliefs sought, the Crl.M.C. is disposed of as under; i) The petitioner shall surrender before the trial court and move an application for bail, with advance notice to the Public Prosecutor, within two weeks. ii) If petitioner surrenders within the time granted, learned Magistrate shall pass orders on the bail application on the day of surrender itself. iii) Execution of the warrant pending against the petitioner shall be kept in abeyance for two weeks. Sd/- V.G.ARUN JUDGE SPV 2025:KER:27533 CRL.MC NO. 3092 OF 2025 4 APPENDIX OF CRL.MC 3092/2025 PETITIONER’S ANNEXURES ANNEXURE A1 A TRUE COPY OF THE DAILY STATUS REPORT DATED 13.04.2016 IN S.T.1288/2014 ON THE FILES OF JUDICIAL FIRST-CLASS MAGISTRATE COURT, THALASSERY, OBTAINED FROM THE WEBSITE 'SERVICES.ECOURTS.GOV.IN' RESPONDENTS’ ANNEXURES: NIL //TRUE COPY// PA TO JUDGE