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2008 Supreme(Online)(KER) 6804

HIGH COURT OF KERALA
R.BASANT, J
SMT.BINDU.J. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.C.ARUN PRASANTH, SRI.ANOOP MATHEW ABRAHAM

ORDER

The petitioner – a woman, faces indictment in a prosecution for the offence punishable under Sec.138 of the Negotiable Instruments Act . The petitioner had appeared before the learned Magistrate and was enlarged on bail. But later, she did not/could not appear before the learned Magistrate. Reckoning her as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner finds such processes chasing her now. She apprehends imminent arrest.

2. According to the petitioner, she is absolutely innocent.

Her absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner 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, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release her on bail when she appears before the learned Magistrate.

3. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the circumstan

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