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Judgment
P.V.Kunhikrishnan, J
The petitioner is the accused in L.P No. 71/2014 on the file of the Judicial 1st Class Magistrate Court No:IX (NI Act cases), Ernakulam. The above prosecution is initiated against the petitioner alleging offences punishable under Sections 138 of the Negotiable Instruments Act .
The counsel for the petitioner submitted that the petitioner was not able to appear before the Court concerned because of some communication gap with the lawyer concerned.
The counsel for the petitioner submitted that the petitioner will surrender before the court below and there may be a direction to consider his Bail Application on the date of surrender itself.
Heard the learned Public Prosecutor also. Notice is not necessary to the 1st respondent in the facts and circumstances of the case.
After hearing this case, I think this Crl. M.C can be disposed of allowing the petitioner to surrender before the court below and file application for bail. Therefore this Crl.M.C is disposed of with following directions;
(i) The petitioner will surrender before the lower court within 3 weeks from today.
(ii) On the date of surrender the petitioner is free to file a Bail Application with advance copy to the counsel appearing for the complainant and if such a Bail Application is received the lower court shall consider the same and pass appropriate orders in it on the date of surrender itself.
(iii) till final orders are passed in the bail application all coercive steps against the petitioner shall be kept in abeyance.