IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 Crl.MC.No. 2217 of 2008() ------------------------- LP.208/2008 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVOOR .................... PETITIONER: ------------ R.MINI, AGED 39, D/O.RADHAMMA PRESENTLY RESIDING AT "UTHRADOM" SREERAMAPURAM, KALLUVATHUKKAL, KOLLAM DISTRICT FROM MANOJ MANDIRAM, PPOTHAKKULAM, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS: ------------- 1. STATE OF KERALA , REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. ABDUL KHADER, S/O.ABDUL KARIM, SEENA MANZIL, PULLICHIRA P.O., MAYYANADU,KOLLAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE PARAVUR KOLLAM. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/06/2008 ALONG WITH CRMC NOS.2219 & 2222/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 Crl.MC.No. 2217 of 2008() ------------------------- LP.722/2008 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVOOR, KOLLAM .................... PETITIONER: ------------ R.MINI, AGED 39, D/O.RADHAMMA PRESENTLY RESIDING AT "UTHRADOM" SREERAMAPURAM, KALLUVATHUKKAL, KOLLAM DISTRICT FROM MANOJ MANDIRAM, PPOTHAKKULAM, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS: ------------- 1. STATE OF KERALA , REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. ABDUL KHADER, S/O.ABDUL KARIM, SEENA MANZIL, PULLICHIRA P.O., MAYYANADU,KOLLAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE PARAVUR KOLLAM. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/06/2008 ALONG WITH CRMC NOS.2217 & 2222/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. Nos. 2217, 2219 & 2222 of 2008 ------------------------------------------------- Dated this the 13th day of June, 2008 ORDER The common petitioner – a woman, faces indictment in three different prosecutions – all initiated under Sec.138 of the Negotiable Instruments Act. Cognizance was taken. The petitioner did not appear before the learned Magistrate. Consequently, reckoning her as an absconding accused, coercive processes have been issued against the petitioner. Two of these three cases have been transferred to the list of Long Pending Cases. Cognizance was taken as early as in 2003 in all the three cases, it is submitted. The petitioner now finds such coercive processes chasing her. She apprehends imminent arrest. 2. According to the petitioner, she is absolutely innocent. Her absence earlier was not wilful or deliberate. The Crl.M.C. Nos. 2217, 2219 & 2222 of 2008 -: 2 :- petitioner, in these circumstances, wants to surrender before 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, these Crl.M.Cs. are dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior Crl.M.C. Nos. 2217, 2219 & 2222 of 2008 -: 3 :- notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge