IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Crl.MC.No. 1391 of 2009() ------------------------- CC.179/2008 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... PETITIONER/ACCUSED NO.1: --------------------------- SARALA GEORGE, W/O. GEORGE, MRALAYIL HOUSE, INTERMEDIATE BHAGOM, ARAKULAM VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SMT.P.MAYA RESPONDENT(S)/COMPLAINANT: -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- CRL.M.C.NO.1391 OF 2009 () ----------------------------------- Dated this the 28th day of April, 2009 O R D E R Petition is filed under Section 482 of the Cr.P.C. Petitioner is the accused in C.C.No.179/2008 on the file of the Chief Judicial Magistrate Court, Thodupuzha, which is a split up case from C.C.No.98/2007, wherein the petitioner was the 1st accused and her son, the 2nd accused, both prosecuted for the offences punishable under Sections 409 and 406 read with Section 34 of IPC. Petitioner, a Mahila Pradhan Agent, along with her son, 2nd accused, in breach of trust of her office, misappropriated the amount collected from the defacto complainant in the case was the allegation for prosecution of the accused for the offences stated supra. Since the petitioner was not available for trial, the case proceeded against the 2nd accused and after trial, he was acquitted of the offences. Case against the petitioner split up and refiled as C.C.No.179/2008, was later included in the long pending cases as L.P.No.15/2009. Producing a copy of the judgment under CRL.M.C.1391/09 2 which the 2nd accused was acquitted, (Annexure A), she seeks a direction to the Chief Judicial Magistrate, Thodupuzha, for considering her bail application on the date of her surrender before that court. 2. I heard the learned counsel for the petitioner and also the learned Public Prosecutor. Having regard to the submissions made and also the facts and circumstances involved, the learned Chief Judicial Magistrate, Thodupuzha, is directed to consider and dispose the bail application, if any, moved by the petitioner preferably on the date of her surrender itself in L.P.15/2009, provided she surrenders before that court and moves such application within one week from the date of this order. The learned Judicial Magistrate shall dispose the bail application as expeditiously as possible. Criminal M.C. is allowed as indicated above. S.S.SATHEESACHANDRAN JUDGE prp CRL.M.C.1391/09 3 S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009