IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 Crl.MC.No. 2003 of 2008() ------------------------- C.C.NO.382/08 BEFORE THE ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM PETITIONER: ACCUSED ------------ K.S.REMA DEVI, DEPUTY MANAGER, KELTRON AREA SALES OFFICE, S.R.M.ROAD, KOCHI-18. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENTS: COMPLAINANT ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. 2. INDIRA.P.N, W/O.GIREESAN, KOTTAYIL HOUSE, NETTOOR.P.O. BY PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2003 of 2008 ------------------------------------- Dated this the 23rd day of May, 2008 ORDER Petitioner, a woman, faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. She had received summons to appear before court. She entered appearance through counsel and applied to excuse her absence. That petition was allowed. But when the matter came up again on the second occasion, she could not appear allegedly on account of illness and she made an application through her counsel. That application has been dismissed and a warrant of arrest has been issued against the petitioner. The petitioner apprehends imminent arrest. 2. According to the petitioner, she is absolutely innocent. Her absence earlier was not wilful or deliberate. 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. Crl.M.C. No.2003 of 2008 2 3. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the 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 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 Crl.M.C 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. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.2003 of 2008 3