IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Crl.MC.No. 190 of 2009() ------------------------ ST.1137/2004 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER(S): ACCUSED --------------- ZUBAIDA BEGUM , D/O. ABDUL GAFOOR DOOR NO. 46/27, VINCENT NAGAR NEAR CHUNGAM BYE-PASS ROAD KAMACHIAMMAN KOIL ROAD, COIMBATORE TAMIL NADU. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- STATE OF KERALA REPRESETNED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.190 of 2009 ------------------------------------- Dated this the 14th day of January, 2009 ORDER Petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. The proceedings were initiated as early as in 2004 as can be deciphered from the number assigned to the case, ie. S.T.No.1137 of 2004. Consequent to non appearance of the petitioner, coercive processes have been issued against the petitioner. Such processes are chasing the petitioner. The petitioner apprehends imminent arrest. 2. According to the petitioner, she is willing to appear before the learned Magistrate, apply for bail and then seek exemption from personal appearance in the light of the decision in Jain Babu v. Joseph [2008(4) KLT 16] and Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. But the petitioner apprehends that the learned Magistrate may not consider the application for regular bail to be filed by her on the date of surrender itself. The petitioner further apprehends that the petitioner may be compelled to offer local sureties by Crl.M.C. No.190 of 2009 2 the learned Magistrate. The petitioner has no friends or relatives at Kozhikode and it would be practically impossible for her to procure local sureties. She will not be able to produce any sureties who have their residence within the State of Kerala, it is submitted. 3. It is for the learned Magistrate to consider all the relevant aspects and take appropriate decision. I have no reason to assume that the learned Magistrate shall not take reasonable and sympathetic view cognizant of all the realities of the situation. I am of opinion that no further or special directions need be issued. All the circumstances shall be taken into consideration by the learned Magistrate and only appropriate terms imposed while granting bail. 4. This Crl.M.C is accordingly dismissed with the above observations. (R.BASANT, JUDGE) rtr/-