IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 Crl.MC.No. 2925 of 2008() ------------------------- ST.76/2006 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOCHI .................... PETITIONER: ACCUSED ------------------- SMT.BINDU.J, AGED 37 YEARS, W/O.RADHAKRISHANAN,ASST.ENGINEER, AGRO INDUSTRIES CORPORATION, KOTTARAKKARA.P.O. BY ADV. SRI.C.ARUN PRASANTH SRI.ANOOP MATHEW ABRAHAM RESPONDENTS: RESPONDENTS/ COMPLAINANT ------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SURESH GEORGE, AGED 48 YEARS, V/303, PIRAVOM-686 664, ERNAKULAM. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2925 of 2008 ------------------------------------------------- Dated this the 4th day of August, 2008 ORDER The petitioner – a woman, faces indictment in a prosecution for the offence punishable under Sec.138 of the Negotiable Instruments Act. The petitioner had appeared before the learned Magistrate and was enlarged on bail. But later, she did not/could not appear before the learned Magistrate. Reckoning her as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner finds such processes chasing her now. She 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 Crl.M.C. No. 2925 of 2008 -: 2 :- 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 she 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. 2925 of 2008 -: 3 :- expeditiously – on the date of surrender itself. 5. The learned counsel for the petitioner submits that the petitioner has only recently given birth to a child and there may be a direction that the warrant of arrest issued against the petitioner should not be executed before the petitioner surrenders before the learned Magistrate. 6. 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 11/8/08. On or before that date, the petitioner shall surrender before the learned Magistrate and seek regular bail. 7. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 2925 of 2008 -: 4 :-