IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Crl.MC.No. 2974 of 2008() ------------------------- ST.631/2006 JFCM COURT-II, VARKALA .................... PETITIONER/A1: ------------ PONNAMMA, AGED 64, D/O LAKSHMI AMMA, VIGI SADANAM, VETTUVAZHI DESOM, CHADAYAMANGALAM DESOM. BY ADV. SRI.PRAVEEN K. JOY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED CHADAYAMANGALAM POLICE STATION. 2. RAJENDRAN NAIR, S/O VERA PILLAI,USHASHIL, CHERUKUNNAM DESOM, VARKALA VILLAGE. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2008, A/W. CRMC 2974 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 2974 & 2975of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2008 O R D E R The common petitioner in these cases faces indictment in two separate prosecution, both under Section 138 of the N.I. Act and both filed by the same complainant. She had entered appearance and was enlarged on bail. But subsequently on her non-appearance before the learned Magistrate in one case, non- bailable warrant has been issued firstly in that case and later in the other case also. Reckoning the petitioner as an absconding accused, coercive processes have been issued against her. The petitioner finds such processes issued by the learned Magistrate chasing her. 2. According to the petitioner she is absolutely innocent. Her absence was not willful or deliberate, but on account of reasons beyond her control. She is willing to surrender before the learned Magistrate, but she apprehends that her application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Crl.M.C.Nos. 2974 & 2975of 2008 2 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 expeditiously - on the date of surrender itself. 5. In the peculiar facts and circumstances, there shall be a direction that the warrant of arrest issued against the petitioner shall Crl.M.C.Nos. 2974 & 2975of 2008 3 not be executed till 18.8.2008. On or before that date the petitioner shall appear before the learned Magistrate and seek regular bail in both cases. The learned counsel for the petitioner prays that there may be a direction to the learned Magistrate to release the petitioner on bail on the same sureties. That discretion has to be exercised by the learned Magistrate. The petitioner must make that request before the learned Magistrate. I have no reason to assume that the learned Magistrate will not consider such request on merits and in accordance with law. 6. Hand over the order. (R. BASANT) Judge tm