JUDGMENT

Babu Mathew P. Joseph, J.—This petition is filed under Section 438 of Cr.P.C. for anticipatory bail.

2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondent.

3. The petitioner is the accused in S.T.No.1484 of 2007 on the file of the Judicial First Class Magistrate’s Court, Ponnani. The offence alleged against her is under Section 138 of the Negotiable Instruments Act.

4. Learned counsel for the petitioner submits that the learned Magistrate issued non- bailable warrant against the petitioner for securing her presence in the Court. Since her presence could not be secured, the learned Magistrate proceeded against her under Section 82 of Cr.P.C. In such a circumstance, the petitioner has preferred this petition under Section 438 of Cr.P.C.

5. Section 438 of Cr.P.C. is attracted only when a person is apprehending arrest on accusation of having committed a non bailable offence. Here, the petitioner does not apprehend arrest on accusation of having committed a non bailable offence. But, her apprehension is the consequences of the steps taken by the learned Magistrate under Section 82 of Cr.P.C. Moreover, the offenc