IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 Crl.MC.No. 2525 of 2008() ------------------------- CC.1223/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER: ------------ VIJAYAMMA.P.L., PUTHENPURAYIL, KURATHIKKADU, PO.MUNNAR, ALAPPUZHA BY ADV. SRI.S.ABHILASH SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. M/S.VAJRA CHITS AND FINANCE, CHENGANNUR REP. BY PROPRIETOR, SANTHOSHKUMAR SANTHOSH BHAVAN, KODANCHIRA, PULIYOOR PO., CHENGANNUR, ALAPPUZHA. R1 BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2525 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2008 O R D E R The petitioner, a woman, faces indictment in a prosecution under Section 138 of the N.I. Act. She had appeared before the learned Magistrate and was enlarged on bail. Till 7.2.2006 she had appeared before the learned Magistrate, but thereafter according to her, the file was misplaced and she was not given the date of posting. It is now understood that the file has been traced. The learned Magistrate has issued non-bailable warrants against the petitioner, consequent to her non-appearance. Such warrants are chasing her. She apprehends imminent arrest. 2. According to the petitioner she is absolutely innocent. Her absence was not willful. She never knew about such proceedings initiated against her. The learned counsel for the petitioner submits that the petitioner is willing to appear before the learned Magistrate. But she apprehends that her application for bail may not be considered by the learned Magistrate on Crl.M.C.No. 2525 of 2008 2 merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions may be issued to release the petitioner on bail on the date of surrender itself. 3. It is certainly for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the circumstances under which she could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner when she surrenders before the learned Magistrate, on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient general directions have already been issued by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and Crl.M.C.No. 2525 of 2008 3 expeditiously - on the date of surrender itself. In the peculiar facts and circumstances of this case, there shall be a direction that the warrant of arrest issued against the petitioner shall not be executed till 15.7.2008, on or before which date, the petitioner must appear before the learned Magistrate and seek regular bail. (R. BASANT) Judge tm