IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Crl.MC.No. 440 of 2009() ------------------------ CC.1169/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER/2ND ACCUSED: --------------- GIRIJA DEVI, D/O.CHELLAMMA, RAJALAYAM, RALAYAR MURI, KUTTOOR VILLAGE. BY ADV. SRI.P.HARIDAS RESPONDENT/STATE & COMPLAINANT: --------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THIRUVALLA. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.440 of 2009 ---------------------------------------- Dated this the 29th day of January 2009 O R D E R The petitioner, a woman, faces indictment in a prosecution for offences punishable inter alia under Section 354 I.P.C. She is the 2nd accused in the crime. She was earlier granted regular bail. But the petitioner was compelled to go abroad consequent to illness of her husband. In these circumstances, she could not appear before the learned Magistrate. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner apprehends imminent arrest in execution of such processes. 2. According to the petitioner, she is absolutely innocent. Her absence earlier was not wilful or deliberate. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But she apprehends that her application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. She, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when she appears and applies for bail. Crl.M.C.No.440/09 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 find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this petition is dismissed but with the specific observation that if the petitioner surrenders 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, in accordance with law and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) jsr Crl.M.C.No.440/09 3 Crl.M.C.No.440/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008