IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2625 of 2007()
1. MINI BABY,
... Petitioner
Vs
1. BOBAN VARKEY, S/O. VARKEY,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.M.NARENDRA KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :17/08/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.2625 of 2007
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Dated this the 17th day of August 2007
O R D E R
The petitioner faces indictment in a prosecution under
Section 138 of the Negotiable Instruments Act. Cognizance was
taken. The petitioner had allegedly appeared before the learned
Magistrate. She was enlarged on bail. From and after
09/02/2007, the petitioner was not able to appear before the
learned Magistrate. Consequently, the learned Magistrate has
issued coercive processes against the petitioner. The petitioner
finds a warrant of arrest issued by the learned Magistrate
chasing her.
2. According to the petitioner, she is absolutely innocent.
Her non-appearance was not wilful. The petitioner is willing to
surrender before the learned Magistrate and apply for bail. She
shall co-operate for the expeditious disposal of the case. 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.
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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.
4. 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].
5. In the result, this Criminal Miscellaneous Case 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
// True Copy// PA to Judge
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R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007