IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Bail Appl..No. 1184 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.894/2006 CC.58/2006 of J.M.F.C.,THIRUVALLA .................... PETITIONER/ ACCUSED ------------------------ SOOSAN @ MARIAMMA, AGED 37 YEARS D/O.VARKEY CHANDY, VADAKKETHALAKKAL, KADAPRA THIRUVALLA. BY ADV. SRI.JOSEPH GEORGE RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE S.I.OF POLICE, PULIKEEZHU POLICE STATION PATHANAMTHITTA DISTRICT BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1184 OF 2008 E ```````````````````````````````````````````````````` Dated this the 27th day of February, 2008 O R D E R Application for anticipatory bail. Petitioner apprehends arrest in execution of a non-bailable warrant issued in a pending prosecution under section 420 IPC. According to the petitioner, she is absolutely innocent. She had already surrendered before the learned Magistrate and was enlarged on bail. By some mistake, the warrant is still being issued against the petitioner. Appropriate direction under section 438 Cr.P.C. may be issued in favour of the petitioner, submits the learned counsel for the petitioner. 2. It is for the petitioner to appear before the learned Magistrate and explain the circumstances under which the warrant is issued against her. The petitioner can satisfy the learned Magistrate that the warrant of arrest is issued by mistake. In any view of the matter, the application for bail to BA.1184/08 : 2 : be filed by the petitioner in the pending proceedings must be considered by the learned Magistrate on merits, in accordance with law and expeditiously. No specific directions need be issued. 3. In the result, this petition is dismissed but with the specific observation that if the petitioner surrenders 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 appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) aks