IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 Crl.MC.No. 2873 of 2008() ------------------------- LP.208/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM .................... PETITIONER: ACCUSED ------------------- SABEENA, SHEREEFA MANZIL, TEHKKUMBHAGOM CHERRY, MAYYANADU VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: STATE ------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2873 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2008 O R D E R The petitioner, a woman, faces indictment in a prosecution for offences punishable under Sections 138 of the N.I. Act. She has not entered appearance so far, though the case has been pending for a long time. Consequent to her non-appearance the case has been transferred to the list of long pending cases. The petitioner apprehends imminent arrest in execution of the coercive processes issued by the learned Magistrate. 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. 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 Crl.M.C.No. 2873 of 2008 2 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. (R. BASANT) Judge tm