V. SUDHA Vs. ANANDAKUMAR K.N.

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is shown as accused in CC. No. 370 of 2013 on the files of the Judicial First Class magistrate Court -II, Haripad to issue direction to the Magistrate to consider and dispose of her bail application under section 482 of the Code of Criminal Application.

(2.) IT is alleged in the petition that the petitioner has been arrayed as accused in CC. No. 370 of 2013 on the files of the Judicial First Class magistrate Court -II, Haripad originated on the basis of the private complaint filed by the complainant alleging offence under Section 138 of the Negotiable Instruments Act. The petitioner earlier appeared and prayed time for applying for bail. The learned Magistrate had granted time to the petitioner for applying for bail but she could not appear before the court below and take bail as her husband had to undergo an emergent major surgery during that period and he was under complete best rest for quite long period. Thereafter as a result, the court below ordered non bailable warrant against the petitioner on 28.4.2014. Now non bailable warrant is pending against her. Though the petitioner is prepared to surrender, in view of the pendency of non bailable warrant against her, she apprehends that she is likely to be remanded and her bail application will not be considered on the date of filing of the application itself. So, the petitioner has no other remedy except to approach this Court seeking the following relief:

(3.) THE counsel for the petitioner submitted that her apprehension is that if she surrenders before the court below, her bail application will not be considered and she will be remanded to custody.