IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Crl.MC.No. 2980 of 2008() ------------------------- ST.1364/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER/ACCUSED: -------------------------------- NABEESA, W/O. HAMZA 'PETALS', PADAMUKAL, KAKKANAD ERNAKULAM. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2980 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of August, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 138 of the N.I. Act. Cognizance has been taken as early as in 2006. The petitioner has not entered appearance so far. Reckoning the petitioner as an absconding accused, coercive processes have been issued against her. The petitioner finds such processes issued by the learned Magistrate chasing her. 2. According to the petitioner, no notice or process of the court was ever served on her. The petitioner is not residing in the address shown in the complaint now. She is willing to surrender 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. 3. It is certainly for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the Crl.M.C.No. 2980 of 2008 2 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. 5. Hand over the order. (R. BASANT) Judge tm