IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 Crl.MC.No. 2526 of 2008() ------------------------- CRIME NO. 303/07 OF PATHANAPURAM POLICE STATION CC.121/2008 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... PETITIONER: ACCUSED NO.2 ------------------------ DAISY JACOB, W/O.JACOB, AGED 36, D/O.PHILIP, ROY BHAVAN, NADUKKUNNU MURI NEAR PALLIMUKKU JUNCTION, PATHANAPURAM VILLAGE, PATHANAPURAM. BY ADV. SRI.N.RETHEESH SMT.SUMA RETHEESH RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PATHANAPURAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2526 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2008 O R D E R The petitioner, along with the co-accused, faces indictment in a prosecution under Section 498A I.P.C. She is the second accused. She was residing abroad. She had not come to India after cognizance was taken. Reckoning her as absconding, the learned Magistrate has issued non-bailable warrants against the petitioner. Such warrants are chasing her. She apprehends imminent arrest. 2. According to the petitioner she is absolutely innocent. Her absence was not willful. She has reached India only on 5.7.2008. The learned counsel for the petitioner submits that the petitioner is willing to appear 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. It is in these circumstances prayed Crl.M.C.No. 2526 of 2008 2 that appropriate directions may be issued to release the petitioner on bail on the date of surrender itself. 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 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. In the peculiar facts and Crl.M.C.No. 2526 of 2008 3 circumstances of this case, there shall be a direction that the warrant of arrest issued against the petitioner shall not be executed till 15.7.2008, on or before which date, the petitioner must appear before the learned Magistrate and seek regular bail. Hand over the order. (R. BASANT) Judge tm