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.
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CRL.M.C.NO. 2166 OF 2006
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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