M N SREEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE four counter-petitioners in Miscellaneous Petition no. 1778 of 1979 on the file of the Judicial Magistrate of the 2nd Class, trinjalakuda (arising from Crime No. 47 of 1979 of Vellikulangara Police station) challenge before me the order passed by the learned Magistrate directing them to appear before the investigating Circle Inspector of Police, crime Detachment, Trichur between 10 a. m. and 5 p. m. for 4 days from 5-6-1979.

(2.) THE facts are in a short compass and are not disputed. THE revision petitioners, who are alleged culprits in Crime No. 47 of 1979 registered under Sections 302, 341 and 34 of the Indian Penal Code of vellikulangara Police Station, obtained an order for anticipatory bail under section 438 (2) of the Cr. P. C. from this Court. However, subsequently they surrendered before the Court and obtained bails.

(3.) THE learned Magistrate, though he felt that the investigator has other powers to secure the presence of the revision petitioners for interrogation, nevertheless proceeded to pass the impugned order.