IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 Crl.MC.No. 2216 of 2008() ------------------------- CC.119/2008 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... PETITIONER: ------------ SUSEELA, ANIL BHAVAN,KOTTARKAVU, MAVELIKKARA. BY ADV. SRI.K.V.RAJU RESPONDENTS: ------------- 1. LATHA MOHAN, NISHA BHAVAN, ENNACKADU P.O., GRAMAM, CHENGANNOOR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2216 of 2008 ------------------------------------------------- Dated this the 13th day of June, 2008 ORDER The petitioner – a woman, faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. Cognizance was taken. The petitioner had entered appearance and she was enlarged on bail. The case was posted on 5/5/08. On account of the death of her relative, she could not appear in court on that day, though the matter was conveyed to her counsel. The learned counsel could not unfortunately appear in court in time and make the representation. Consequently, reckoning the petitioner as an absconding accused, the learned Magistrate has issued coercive processes to procure her presence. The case now stands posted to 21/6/08, it is submitted. The petitioner apprehends imminent arrest. Crl.M.C. No. 2216 of 2008 -: 2 :- 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 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 Crl.M.C. is dismissed; but with the Crl.M.C. No. 2216 of 2008 -: 3 :- 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, there shall be a direction that the warrant of arrest shall not be executed against the petitioner till 21/6/08. On or before that day the petitioner shall appear before the learned Magistrate and seek regular bail. The petitioner's application to release her on the same sureties shall, of course, be considered by the learned Magistrate. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge