IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH JUNE 2007 / 6TH ASHADHA 1929 Crl.MC.No. 2061 of 2007() ------------------------- AGAINST THE ORDER IN LP 34/2005 IN CC.1188/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... PETITIONER: ACCUSED -------------------------- SINDHU JOSE, AGED 35, PERUMATHIL HOUSE, PULLAZHY P.O., OLARIKKARA, THRISSUR - 12. BY ADV. SRI.N.K.MOHANLAL RESPONDENTS: COMPLAINANT NO.1 ----------------------------- 1. VARUNNI, VADAKKEN HOUSE, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2061 of 2007 ---------------------------------------- Dated this the 27th day of June 2007 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Consequent to her non-appearance before the learned Magistrate, the case has been transferred to the list of long pending cases and she finds herself facing the unenviable predicament of a warrant of arrest issued by the learned Magistrate chasing her. According to the petitioner, her failure/omission to appear before the learned Magistrate was not wilful. She is now 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. She, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when she appears and applies for bail. 2. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate, the Crl.M.C.No.2061/07 2 circumstances under which she could not earlier appear before the learned Magistrate. 3. I find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this Crl.M.C 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) jsr // True Copy// PA to Judge Crl.M.C.No.2061/07 3 Crl.M.C.No.2061/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007