IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Crl.MC.No. 2512 of 2008() ------------------------- CC.2079/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER: ------------ MRS. JENIEVE MATHEW, AGED 48 YEARS, W/O CEYON THOMAS MATHEW, RESIDING AT H-48/580,B.T.S. AVENUE ROAD, ELAMAKKARA, ERNAKULAM. BY ADV. SRI.T.K.KUNHABDULLA RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM. 2. MR. BASANTH SREEDHAR, AGED 35 YEARS, S/O SREEDHARAN, MADHUBAN, THAIKKATTUKARA, ALUVA 683 106. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2512 of 2008 ------------------------------------------------- Dated this the 4th day of July, 2008 ORDER The petitioner – a woman, faces indictment in a prosecution for the offence punishable under Sec.138 of the Negotiable Instruments Act. Cognizance was taken as early as on 2004. The petitioner has not entered appearance so far. She was employed abroad. She has returned to India only on 27/6/08. Earlier on two occasions she had come to India; but she was unaware of the proceedings that were initiated against her. She has now come to know that there is a prosecution pending against her under Sec.138 of the N.I. Act. Coercive processes have been issued against her by the learned Magistrate. She apprehends imminent arrest in execution of such processes. 2. According to the petitioner, she is absolutely innocent. Crl.M.C. No. 2512 of 2008 -: 2 :- 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 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 Crl.M.C. No. 2512 of 2008 -: 3 :- 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 expeditiously – on the date of surrender itself. 5. In the peculiar facts and circumstances of this case, there shall be a direction that the warrant of arrest issued against the petitioner shall not be executed till 14/7/08 on or before which date the petitioner must surrender before the learned Magistrate and seek regular bail. 6. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/