IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Crl.MC.No. 4703 of 2008() ------------------------- CC.1171/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... PETITIONER: --------------- S.K. SHYMALA, AGED 65 YEARS, W/O. LATE K.N.G. BABU, RESIDING AT POOKOOTIL HOUSE, MATTALIL BHAGAVATHI TEMPLE,ROAD, KADAVANTHARA, KOCHI. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. N.V. SOURIYAR,S/O. VARGHESE, VAZHAKKALA, KAKKANAD WEST, KOCHI -30. BY PUBLIC PROSECUTOR S.U NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R BASANT, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Crl.M.C.4703 OF 2008 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 04th day of December, 2008 O R D E R The petitioner - a widow, faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Cognizance was taken as early as in 2005 as can be seen from the number assigned to the case i.e. C.C. 1171/05. According to the petitioner, she was never served with notice, summons or any process of court and was not informed of the pendency of the proceedings against her. On coming to know of the coercive steps that have been taken by the learned Magistrate to procure the presence of the petitioner, the petitioner dutifully appeared before the learned Magistrate on 13.11.08 with Annexure A1, application to advance hearing of the case and grant her bail. Unfortunately, according to the petitioner, the file could not be traced and the petitioner`s application could not be considered. The petitioner had to to return and used to make enquiries with the court to ascertain whether and when her petition will be taken up for consideration. But the same has not been taken up for Crl.MC 4703/08 : 2 : consideration so far. The petitioner apprehends that coercive steps issued by the learned Magistrate may be executed against her. In these circumstances, she has come to this Court with a prayer to recall the warrant issued against her by the learned Magistrate. She is now willing to appear before the learned Magistrate on any specified date. The court may be directed to advance hearing and consider the bail application on merit, it is prayed. 2. I am of the view that the grievance of the petitioner deserves serious consideration. I am satisfied that it is for the petitioner to surrender before the learned Magistrate and then seek regular bail. Needless to say, the learned Magistrate must consider the application for bail on the date of surrender itself and pass appropriate orders. 3. In the peculiar facts and circumstances of the case, I am satisfied that the coercive process issued against the petitioner should not be executed till 14.12.08 and on or before that before that date, the petitioner shall surrender before the learned Magistrate and seek regular bail. The coercive process Crl.MC 4703/08 : 3 : issued to procure the presence shall not be executed till that date. Hand over copy (R BASANT, JUDGE) KMD