IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU FRIDAY, THE 18TH MAY 2007 / 28TH VAISAKHA 1929 Crl.MC.No. 1574 of 2007() ------------------------- CC.2393/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER: ACCUSED ------------------- SANDHYA P.NAIR, W/O.SANTHOSH KUMAR, EDAVATTOM, EZHUKONE P.O., KUNDARA, KOLLAM DISTRICT. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENTS: STATE ----------------------- THE STATE OF KERALA, REP. BY THE S.I. OF POLICE, KUNDARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/05/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU, J. ----------------------------------------------- Crl.M.C.NO.1574 OF 2007 ----------------------------------------------- Dated this the 18th day of May 2007 ORDER The petitioner is the accused in C.C No. 2393/2003 of the Judicial First Class Magistrate Court, Kollam with respect to the offence under Section 138 of the Negotiable Instruments Act. It is submitted that she did not receive summons so far. It is apprehended that she may be an order of pre-trial detention on her appearance. Hence she has sought for a direction to the court below that she may not be ordered to be detained on her appearance. In the circumstances, the petitioner is directed to surrender before the court below within two weeks from today and file an application for bail. Non-bailable warrant is not to be executed in the meantime. Pre-trial detention is not required. The court below shall as far as possible dispose of the application for bail on the date of appearance of the petitioner itself. The Crl.M.C is disposed of accordingly. K.R.UDAYABHANU, JUDGE rv