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2008 Supreme(Online)(KER) 38395

HIGH COURT OF KERALA
R.BASANT, J
T G VARGHESE – Appellant
Versus
STATE OF KERALA REPRESENTED – Respondent


ORDER

The common petitioner in these Crl.M.Cs. faces indictment in two separate prosecutions – both under Sec.138 of the Negotiable Instruments Act. The petitioner had entered appearance in one case. He is yet to appear in the other case. In the case in which he had appeared, there was a mistaken noting of the date of posting and consequent non-appearance before the learned Magistrate. The learned Magistrate has now issued coercive processes against the petitioner in both the cases to secure his presence reckoning him as an absconding accused. The petitioner finds such processes chasing him. He apprehends imminent arrest.

2. According to the petitioner, he is absolutely innocent.

His absence earlier was not wilful or deliberate. The Crl.M.C. Nos.2386 petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the lea

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