LAWS(KER)-2017-8-422

REMA GOPINATH Vs. K.C. ZACHARIA

Decided On August 22, 2017
Rema Gopinath Appellant
V/S
K.C. Zacharia Respondents

JUDGEMENT

(1.) M The petitioner is accused for offence punishable under Sec.138 of the Negotiable Instruments Act in S.T.No.183/2010 on the file of the Judicial First Class Magistrate's Court, Thiruvalla, instituted on the basis of a complaint filed by the 1st respondent herein. The dishonoured cheque dated 7.11.2008 is for Rs.4 lakhs in this case. It is stated that the petitioner had earlier appeared before the trial court and had secured bail. But that later, she could not appear before the trial court as, in the course of her service with the Local Administration Department in the State Government, she was being frequently transferred to may stations and that now the case has been included in the long pending case list, as L.P.No. 97/2017 before the said trial court. The limited prayer made by the petitioner is that direction may be issued to the trial court to ensure that her applications for grant of bail and recall of non-bailable warrant, etc. are to be considered by the trial court on the same day, on which she surrenders before that court. The prayer in this Crl.M.C. is as follows:

(2.) Heard Sri.Mathew Sebastian, learned counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for

(3.) Having regard to the totality of the facts and circumstances of this case, it is ordered in the interest of justice that in case the petitioner voluntarily surrenders and personally appears before the Judicial First Class Magistrate Court, Thiruvalla, who is dealing with L.P.No.97/2017 (arising out of S.T.No.183/2010) within two weeks from the date notified for receipt of the certified copy of this order and prefers necessary applications for grant of bail, recall of non-bailable warrant, if any, etc., then the learned Magistrate shall consider those applications and pass necessary orders on the same, on the same day itself taking into account the legal principles laid down by this Court and by the Apex Court in the decisions as in Oseela Abdul Khaker v. State of Kerala reported in 2012 (4) KLT 535 and in the case Rasiklal v. Kishore, reported in (2009) 4 SCC 446 and also taking into account the crucial fact of the matter that the offence alleged against the petitioner is only a bailable one. Until orders are thus passed by the learned Magistrate, all coercive steps including non-bailable warrant said to have been pending against the petitioner will stand under suspension. It is made clear that in case the petitioner does not appear before the learned Magistrate within the time limit as directed above, then the benefit of this direction will stand automatically vacated without any further orders from this