IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2526 of 2008()
1. DAISY JACOB, W/O.JACOB, AGED 36,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.N.RETHEESH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :07/07/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 2526 of 2008
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Dated this the 7th day of July, 2008
O R D E R
The petitioner, along with the co-accused, faces indictment
in a prosecution under Section 498A I.P.C. She is the second
accused. She was residing abroad. She had not come to India
after cognizance was taken. Reckoning her as absconding, the
learned Magistrate has issued non-bailable warrants against the
petitioner. Such warrants are chasing her. She apprehends
imminent arrest.
2. According to the petitioner she is absolutely innocent.
Her absence was not willful. She has reached India only on
5.7.2008. The learned counsel for the petitioner submits that the
petitioner is willing to appear before the learned Magistrate. But
she apprehends that her application for bail may not be
considered by the learned Magistrate on merits, in accordance
with law and expeditiously. It is in these circumstances prayed
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that appropriate directions may be issued to release the petitioner on
bail on the date of surrender itself.
3. It is certainly 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 application for bail to be filed by the petitioner when she
surrenders before the learned Magistrate, 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 by this Court in the decision in Alice George
v. Dy.S.P. of Police (2003 (1) KLT 339).
4. This application is accordingly dismissed. I may however
hasten to observe 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 orders on merits, in accordance with law and
expeditiously – on the date of surrender itself. In the peculiar facts and
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circumstances of this case, there shall be a direction that the warrant of
arrest issued against the petitioner shall not be executed till 15.7.2008,
on or before which date, the petitioner must appear before the learned
Magistrate and seek regular bail.
Hand over the order.
(R. BASANT)
Judge
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