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Judgment
8 paragraphs · 281 wordsA. Badharudeen, J
This is a petition filed under Section 482 of Cr.P.C. seeking with a prayer to direct the Judicial First Class Magistrate Court-II, Pathanamthitta to consider the bail application which would be filed by the petitioner in L.P. No.40 of 2022 in S.T. No.2373 of 2018 pending before that court.
Heard the learned counsel for the petitioner on admission.
It is submitted by the learned counsel for the petitioner that the petitioner is a cancer patient and because of his treatment, he could not appear before the court in time. Accordingly, the court below on completion of steps under Sections 82 and 83 of Cr.P.C. transferred the case to long pending register. It is submitted that the accused is ready to appear before the jurisdictional court and there may be a direction to the trial court to consider the bail application that will be filed by the accused immediately on his surrender.
Having considered the minimum prayer in a case involving allegation of commission of offence punishable under Section 138 of the Negotiable Instruments Act, a deemed offence, I am inclined to allow the petition as under:
(1) The Judicial First Class Magistrate Court-II, Pathanamthitta is directed to consider the bail application, if any, to be filed by the petitioner on the date of surrender itself, taking note of the fact that the offence involved is only a deemed one.
(2) The petitioner is directed to surrender before the trial court within ten days from today.
It is specifically ordered that, if any proceedings initiated for forfeiture of bail bond, the same can be proceeded to release the bond amount from the accused and sureties.