IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3818 of 2007()
1. PREMA MUKHERJI
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.DILIP MOHAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :19/12/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3818 of 2007
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Dated this the 19th day of December, 2007
O R D E R
The petitioner faces indictment in a prosecution under
Section 138 of the N.I. Act. She had entered appearance and
was enlarged on bail. Consequent to her non-appearance before
the learned Magistrate, reckoning her as absconding, coercive
processes have been issued against the petitioner by the learned
Magistrate. Such processes are now chasing her.
2. According to the petitioner she is absolutely innocent.
Her failure/omission to appear earlier was not wilful, but was
due to reasons beyond her control. She is willing to surrender
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 that appropriate directions
may be issued to release the petitioner on bail on the date of
surrender itself.
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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.
5. In the peculiar facts and circumstances of this case, there
shall be a direction that the warrant of arrest issued against the
Crl.M.C.No. 3818 of 2007
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petitioner shall not be executed till 22.12.2007, on or before which
date the petitioner must surrender before the learned Magistrate and
seek regular bail.
6. Hand over the order.
(R. BASANT)
Judge
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