High Court Kerala High Court

Joseph @ Appachan vs State Of Kerala on 4 December, 2006

Kerala High Court
Joseph @ Appachan vs State Of Kerala on 4 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2166 of 2006()


1. JOSEPH @ APPACHAN, AGED 50 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY SUB INSPECTOR
                       ...       Respondent

                For Petitioner  :SRI.C.C.THOMAS

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :04/12/2006

 O R D E R


                             R. BASANT, J.

              -------------------------------------------------

                     CRL.M.C.NO. 2166 OF  2006

              -------------------------------------------------

           Dated this the 4th day of December, 2006


                                 ORDER

When this petition came up for hearing and disposal

finally, the learned counsel for the petitioner was pointedly

asked why the petitioner cannot claim discharge from the

Sessions Court under Sec.227/228 of the Cr.P.C. The learned

counsel for the petitioner submits that the petitioner is

worried only about the unnecessary vexation which must

inevitably occur as the petitioner is unlikely to be granted bail,

the offence being ones exclusively triable by a Court of

Session. If this Court would permit the petitioner to appear

before the learned Sessions Judge and claim discharge, the

petitioner will have no surviving grievance. The possibility of

his unnecessary incarceration in prison may be avoided and

suitable provisions may be made, it is prayed.

2. Having gone through all the relevant facts including

the judgment of acquittal of the co-accused and the quashing

of proceedings against accused No.11, I am satisfied that the

petitioner must be given an opportunity to claim discharge

CRL.M.C.NO. 2166 OF 2006 -: 2 :-

from the Sessions Court without the threat or fear of being

incarcerated in prison by orders of the committal court.

3. In the result, this Crl.M.C. is dismissed and the following

directions are issued under Sec.438 of the Cr.P.C. to secure the

interests of justice:

(i) The petitioner shall appear before the learned

Magistrate at 11 a.m. on 15/12/2006. The petitioner shall be

released on bail on condition that he executes a bond for

Rs.25,000/- with two solvent sureties each for the like sum to the

satisfaction of the learned Magistrate.

(ii) The dismissal of this petition will not in any way fetter

the rights of the petitioner to claim discharge from the Court of

Sessions at the stage of Sec.227/228 of the Cr.P.C.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge