IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Crl.MC.No. 476 of 2009() ------------------------ CRIME NO.104/99 OF THE KONNI POLICE STATION C.P. 61/08 OF JFCM COURT-II, PATHANAMTHITTA. PETITIONER(S): ACCUSED NO.2 --------------------------- SINDHU, D/O SATHI, PULIYALLUNKAL V. KOTTAYAM VILLAGE, PATHANAMTHITTA. BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP:-BY P.PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 476 of 2009 ------------------------------------------------- Dated this the 2nd day of February, 2009 ORDER The petitioner – a woman, faces indictment in a prosecution under the provisions of the Kerala Abkari Act. She, it is submitted, was enlarged on bail at the crime stage. Investigation is complete. Cognizance has been taken. Committal proceedings has been registered. The petitioner has not entered appearance thereafter. Coercive processes have been issued against the petitioner by the learned Magistrate. Such processes are chasing the petitioner. The petitioner apprehends imminent arrest in execution of such processes. 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 Crl.M.C. No. 476 of 2009 -: 2 :- 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 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 Crl.M.C. No. 476 of 2009 -: 3 :- must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/