HIGH COURT OF KERALA
R.BASANT, J
DR DIVAKAR SHETTY – Appellant
Versus
M/S BELL HOUSE ASSOCIATES PVT LTD – Respondent
ORDER
The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. As he did not enter appearance, a bailable warrant of arrest appears to have issued against him earlier. He came to this Court with a writ petition and by Annexure-A1 judgment, another Bench of this Court issued a direction, in the interests of justice, under Art.226 of the Constitution. The petitioner was directed to appear before the learned Magistrate on 4/8/05.
2. The petitioner has not so far entered appearance. He has reasons to urge. According to him, the case was not called on the Bench all these days and ultimately on 5/6/08 when the matter came up for hearing, the petitioner and the counsel were absent as there was a harthal called on that day and the movement had become virtually impossible. The learned Magistrate has issued a bailable warrant against the petitioner and the case now stands posted to 26/6/08.
3. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that when he surrenders, his application may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He apprehends
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