IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 8135 of 2007() ----------------------------- CRIME 2/02 OF THRITHALA POLICE STATION PETITIONER --------------------------- DIVYA, W/O AJITH PISHARADI, AGED 29 YEARS, ERAVIMANGALAM, CHERUKARA, MALAPPURAM DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, THRITHALA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 8135 OF 2007 D ```````````````````````````````````````````````````` Dated this the 8th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner faces indictment in a prosecution under Section 420 read with 34 IPC. She is the 2nd accused and her husband is the 1st accused. Investigation is completed. Final report has already been filed. The case has been pending from 2003. The petitioner has not entered appearance so far. Coercive processes have been issued by the learned Magistrate. Such processes are chasing the petitioner. 2. The learned counsel for the petitioner submits that the petitioner 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 BA.8135/07 : 2 : 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. 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 BA.8135/07 : 3 : 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) aks