CHADAYAM MAKKI NANDANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These two petitions filed under S.482 Criminal Procedure Code seek to quash the order passed by the learned Judicial Magistrate of the First Class, Manantoddy, in C.M.P. No. 129 of 1980, hereinafter referred to as the Magistrate. The facts giving rise to these two petitions can be stated as follows:

(2.) The petitioners before me moved for an interim direction. I directed the Magistrate to get the petitioners immediately from the custody of the Karnataka Police and directed that they be released on bail as soon as they were produced before him with an additional condition that they should report to the Meenchanda Police Station on every day between 8 a.m. and 5 p.m. It was further directed that all further proceedings on the application made by the Karnataka Police would await orders in the main petitions before this Court. This Court directed the Magistrate to submit a report about the steps taken by him. The Magistrate has sent a report which reads as follows:

(3.) Though the petitioners have since been released I directed issue of notice to the learned Advocate General since the matter involved a question of some importance about the jurisdiction of the Magistrates in directing remand of accused persons before them. The learned Additional Advocate General appeared in the case and assisted me.