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. 1317 of 2007() ------------------------- CC.213/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, OTTAPPALAM .................... PETITIONER: ACCUSED -------------------------- PRADEEP, S/O.PRABHAKARAN, THEKKINAD VEEDU, MYLAMBURAM, THOTTAKKARA P.O., OTTAPPALAM TALUK, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: COMPLAINANT ---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. BENJAMINE PAUL, PUBLIC PROSECUTOR 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. 1317 OF 2007 ================================= Dated this the 27th day of April 2007 O R D E R The petitioner, who is the accused in C.C No. 213/2006 in the file of Judicial First Class Magistrate's Court, Ottappalam with respect to the offences under Sections 143,147, 148, 452, 427, 506(II) r/w Section 149 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 no summons was received. 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. RV