IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Crl.MC.No. 4733 of 2008() ------------------------- ST.4771/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER(S): ACCUSED ---------------------- K.V.RAMANI, W/O.LATE PRABHAKARAN, AGED 38 YEARS, KOLAKKOZHI PARAMBU HOUSE, KAVASSERY.P.O, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.M/S.JOHNSON P. JOHN SRI.BABY MATHEW RESPONDENT(S): --------------- 1. A.VASANTHA, W/O.K.SUBRAMANIAN, AGED 58 YEARS, NELLISSERY, VADAKKAMTHARA POST,PALAKKAD. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4733 of 2008 ---------------------------------------- Dated this the 5th day of December 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 138 of the Negotiable Instruments Act. The prosecution was initiated as early as in 2006 as can be seen from the number assigned to the case, i.e. S.T.No.4771/2006. The petitioner had entered appearance before the learned Magistrate; but later she did not appear before the learned Magistrate. The petitioner applied for transfer of the case under Section 408 Cr.P.C; but the learned Sessions Judge dismissed the same. Coercive processes issued by the learned Magistrate are chasing the petitioner now. The petitioner apprehends imminent arrest. 2. According to the learned counsel for the petitioner, the petitioner is absolutely innocent. Her absence was not wilful or deliberate. She is willing to appear before the learned Magistrate and seek regular bail. The learned counsel for the petitioner only prays that there may be a specific and definite direction to consider the bail application on the date of Crl.M.C.No.4733/08 2 surrender itself. Thereafter, the petitioner may be permitted to appear through counsel claiming exemption under Section 205 Cr.P.C. 3. I find merit in the prayer of the learned counsel for the petitioner. The petitioner can now surrender before the learned Magistrate and seek regular bail. The learned Magistrate must consider such application for regular bail on merits, in accordance with law and expeditiously - on the date of surrender itself - in accordance with the dictum in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339]. After so appearing and securing bail, the petitioner can apply for exemption and such prayer for exemption must be considered by the learned Magistrate on merits and expeditiously - in the light of the decision in Jain Babu v. Joseph [2008(4) KLT 16]. 4. This Crl.M.C is allowed in part with the above observations. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4733/08 3 Crl.M.C.No.4733/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008