IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1848 of 2008() ----------------------------- ST.346/2007 of C.J.M.,THODUPUZHA .................... PETITIONER/ACCUSED IN ST.NO.346/2007 ----------------------------------------------------- SMT.SINDHU.G., W/O.MURALEEDHARAN, MANAGING PARTNER, M/S.MATHA TECHNOLOGIES, KRISHNA COMPLEX, PARALI, PALAKKAD. BY ADV. SRI.P.R.AJITHKUMAR SRI.K.MANOJ CHANDRAN RESPONDENTS: COMPLAINANT IN S.T.NO. 346/2007 -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MANKARA. 3. JAISON JOSE, MANAGING PARTNER, M/S.SZIBUS, MUNGANATTU ROYAL TOWER, NEAR PRIVATE BUS STAND, THODUPUZHA. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1848 of 2008 ------------------------------------------------- Dated this the 19th day of March, 2008 ORDER Application for anticipatory bail. The petitioner – a woman, faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. The complainant had initially presented the complaint before the learned Judicial Magistrate of the First Class, Ettumanoor. Cognizance was taken. The petitioner had entered appearance and raised objections regarding jurisdiction. Accordingly, the complaint was returned to the complainant for presentation before the proper court. The complainant, accordingly, presented the same before the learned Chief Judicial Magistrate, Thodupuzha. The learned C.J.M. took cognizance and straightaway issued a non-bailable warrant of arrest against the petitioner. The petitioner had not received any summons or notice from the B.A. No. 1848 of 2008 -: 2 :- court. The petitioner was never directed to appear before the learned C.J.M., Thodupuzha. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner. The petitioner finds such processes chasing her now. 2. According to the petitioner, she is absolutely innocent. Her absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that her 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 her on bail when she appears before the learned Magistrate. 3. It is 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 petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to B.A. No. 1848 of 2008 -: 3 :- be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. 5. In the peculiar facts and circumstances of this case, it is directed that the warrant of arrest issued against the petitioner shall not be executed till 25/3/08 to which date the case now stands posted. On or before that date, the petitioner shall appear before the learned Magistrate and seek regular bail. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 1848 of 2008 -: 4 :-