IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / ]8TH AGRAHAYANA 1930 Crl.MC.No. 4961 of 2008() ------------------------- CC.111/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER(S): 6TH ACCUSED --------------- MUMTHAS, D/O.MUHAMMED KUNJU, PARANKIMAMVILA, MEENATHIL, VENGA MURI, MYNAGAPPALLY VILLAGE, VENGA.P.O, KOLLAM DISTRICT. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENT(S): DEFACTO COMPLAINANT --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. 2. SHOBHITHA, D/O.ABDUL JALEEL, NOORJAHAN MANZIL, KALLELIL PURAYIDOM, VADAKKEVILA, KOLLAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4961 of 2008 ------------------------------------- Dated this the 19th day of December, 2008 ORDER Petitioner faces indictment in a prosecution under Section 498 A I.P.C. She is the sister in law of the defacto complainant/wife. The petitioner, it is submitted, was abroad at the time when action was initiated against her. She was not arrested or released on bail at the crime stage or thereafter. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. Reckoning the petitioner as an absconding accused, coercive processes have been issued against her. The petitioner apprehends imminent arrest in execution of such processes which are chasing her. 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 Crl.M.C. No.4961 of 2008 2 under Section 482 Cr.P.C may be issued in favour of the petitioner. 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, in accordance with law 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 coercive processes issued Crl.M.C. No.4961 of 2008 3 against the petitioner shall not be executed till 05.01.09. On or before that date, the petitioner must appear 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) rtr/-