IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU FRIDAY, THE 27TH APRIL 2007 / 7TH VAISAKHA 1929 Crl.MC.No. 1407 of 2007() ------------------------- CC.215/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONERS: ACCUSED NO.7 & 8: --------------------------------------------------- 1. SUBHASH, S/O.GEORGE, CHAZHIPURATHU VAYALIL VEEDU, THOZHILALI JUNCTION, ULIYAKKOVIL, KOLLAM EAST VILLAGE, KOLLAM. 2. VIJESH @ KUTTAN, S/O.RAVI, VELIYIL VEEDU, NEAR MUNCIPAL COLONY, ULIYAKKOVIL, KOLLAM EAST VILLAGE, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT: COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. BENJAMIN PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R. UDAYABHANU, J. -------------------------------- Crl.M.C. NO.1407 OF 2007. -------------------------------- DATED THIS THE 27th DAY OF APRIL, 2007. ORDER Petitioner who is the accused in CC.No.215 of 2007 on the file of the Judicial First Class Magistrate's Court-I, Kollam with respect to the offences under Sections 143, 147, 148, 323, 326, 427 and 506(ii) r/w. Section 149 of IPC has sought for a direction to the court below that there may not be an order of pre-trial detention at the time of his appearance. It was submitted that he could not appear before the court as he did not received summons. 2. 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, to be filed on the date of appearance of the petitioner itself. The Crl.M.C. is disposed of accordingly. K.R.UDAYABHANU. JUDGE. kvs/-