IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Crl.MC.No. 2300 of 2008 ---------------------------------- (C.C.NO.330/1997 JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM) .................... PETITIONER/ PETITIONER: -------------------------------------- SHEEJA VINAYAN, D/O. GANGADHARAN, KARANATH VEEDU, KODALI.P.O, PADY, THRISSUR DISTRICT. BY ADV. SRI.SAIJO HASSAN. RESPONDENT/ STATE: --------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2300 of 2008 ------------------------------------------------- Dated this the 19th day of June, 2008 ORDER The petitioner – a woman, faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. Cognizance was taken in 1997. The petitioner has not entered appearance so far. The case against her is now transferred to the list of Long Pending Cases. Coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner finds such processes chasing her and apprehends imminent arrest. 2. According to the petitioner, she is absolutely innocent. Her absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that her application for regular bail may not be Crl.M.C. No. 2300 of 2008 -: 2 :- considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release her on bail when she appears before the learned Magistrate. 3. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the 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 the petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks 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 Crl.M.C. No. 2300 of 2008 -: 3 :- expeditiously – on the date of surrender itself. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge