IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Crl.MC.No. 3147 of 2008() ------------------------- AGAINST THE ORDER DATED / / IN LPR 194/2005 IN CC.72/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER: ACCUSED ------------------- SUCHETHA MENON, AGED 43 YEARS, D/O.SUDHAMANI, SREENILAYAM, POTTAYIL LANE, THRISSUR - 4. BY ADV. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3147 of 2008 ------------------------------------------------- Dated this the 19th day of August, 2008 ORDER The petitioner – a woman, faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. Consequent to her non-appearance before the learned Magistrate, coercive processes have been issued against the petitioner. The petitioner went before the learned Sessions Judge, Thrissur, and the learned Sessions Judge, Thrissur, dismissed the application for anticipatory bail observing that the petitioner can surrender and seek regular bail. The petitioner is now employed abroad. According to the petitioner she is willing to surrender before the learned Magistrate and seek regular bail. But she apprehends that when she reaches the court, she may be arrested. It is hence prayed that in addition to the directions issued by the learned Sessions Judge Crl.M.C. No. 3147 of 2008 -: 2 :- in the anticipatory bail application, there may be a direction that the warrant of arrest issued against the petitioner should not be executed before a specified date by which date the petitioner shall appear before the learned Magistrate and seek regular bail. 2. In the facts and circumstances of this case, I find the said request to be absolutely reasonable. The petitioner submits that her daughter's marriage is scheduled to take place on 9/9/08 and if the petitioner were arrested in the meantime, that would cause great difficulties for the petitioner. 3. I am satisfied, in these circumstances, that the petitioner, in whose favour the observations have already been made by the learned Sessions Judge in the order dated 12/8/08 in Crl.M.C.No.1446/08, can be granted an order to secure her interests and to avoid unnecessary detention in custody before her application for regular bail is considered by the learned Magistrate. 4. In the result, this Crl.M.C. is allowed in part and it is directed that the warrant of arrest issued against the petitioner shall not be executed prior to 30/8/08, on or before which date Crl.M.C. No. 3147 of 2008 -: 3 :- the petitioner shall surrender before the learned Magistrate and seek regular bail. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R. BASANT, JUDGE) Nan/