IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 1058 of 2008() ----------------------------- CC.100/2006 of J.M.F.C.-II(FOREST OFFENCES),PUNALUR .................... PETITIONER : SOUFI ----------------- SOUFI, W/O.MOHAMMAD KUNJU, PUTHEN BUNGLOW, T.B.JUNCTION, PUNALUR, NOW RESIDING AT SHEREEF MANZIL, ALUMMOODU, PALLICHIRA.P.O, KOTTIYAM, KOLLAM. BY ADV. SRI.M.DINESH RESPONDENTS: COMPLAINANT ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1058 of 2008 ------------------------------------- Dated this the 15th day of February, 2008 ORDER Application for anticipatory bail. Petitioner, a woman, faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. The petitioner had allegedly appeared before the learned Magistrate though counsel. Application to condone her absence was filed. The said petition has now been dismissed and a warrant of arrest has been issued to procure the presence of the petitioner. 2. According to the petitioner, she is absolutely innocent. Her absence was not wilful or deliberate and was due to reasons beyond her control. She is willing to surrender before the learned Magistrate and apply for bail. But she 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 therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. 3. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the B.A.No.1058 of 2008 2 circumstances under which he could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This bail application is, in these circumstances, dismissed, but with the specific observation 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 appropriate orders on merits and expeditiously - on the date of surrender itself. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-