VINODAN Vs. SUB INSPECTOR OF POLICE NADAPURAM

JUDGEMENT

(1.) Petitioners in these petitions are accused in two different cases and they seek direction to the Magistrate to release them on bail when they are arrested and produced in court on the strength of warrant issued under S.204 of the Criminal Procedure Code. Such direction has to be given to the Magistrate, according to the petitioners, since when an accused is arrested on the strength of warrant issued under S.204 and brought in court he cannot be remanded to judicial custody. The question arises for consideration is whether Magistrate has the power to remand an accused brought before him under arrest on executing a warrant issued under S.204 Cr.P.C.

(2.) Crl. M.C. 5875 of 2002 is filed by the ninth accused in C.P. 9 of 2002 on the file of the Judicial Magistrate of the First Class, Nadapuram. The allegation against the petitioner and the other accused in the above crime is that they committed the offences under S.143, 147, 148, 341 and 307 read with S.149 IPC and S.3 and 5 of the Explosive Substances Act. After completing the investigation in the above crime, final report was filed in court and the case is taken on file by the Magistrate as C.P. 9 of 2002. On 13.3.2002, the learned Magistrate made an order to issue non bailable warrant to the petitioner. Petitioner had not been arrested during the course of investigation.

(3.) Crl. M.C. 5957 of 2002 is filed by the third accused in Crime 587 of 2001 of Nadapuram Police Station and the allegation in that crime was that the petitioner and the other accused committed the offences under S.143, 147, 148, 380, 448 and 436 read with S.149 IPC and S.3 and 5 of the Explosive Substances Act. In that crime also the investigation was completed and final report was filed in court. The case was taken on file by the Magistrate as C.P. 108 of 2001. On 2.5.2002, the Magistrate made an order directing issuance of non bailable warrant to the petitioner. The above petition is filed for quashing the order made by the Magistrate issuing non bailable warrant to the petitioner. Crl. M.C. 5875 of 2002 is filed for quashing the proceedings in C.P. 9 of 2002 in which the petitioner in that petition is an accused or in the alternative to quash the order directing issuance of non bailable warrant to him. There is also prayer that direction may be given to the Magistrate to release the petitioner on bail on his appearance in court.