SAJEEV S., SUPERINTENDENT Vs. DILEEP SATHYAN S.

JUDGEMENT

(1.) This contempt appeal is filed by the respondents in Contempt Case (C) No.2380 of 2024 against the interim order dtd. 5/11/2024 passed by the learned Single Judge whereby it was found that prima facie the appellants committed contempt of Court by not releasing the respondent herein, a prisoner in custody who was granted interim bail as per the order of the learned Single Judge dtd. 14/8/2024 in B.A. No.6752 of 2024 and therefore directed to frame charge against the appellants.

(2.) This contempt appeal was originally filed under Sec. 19(1) of the Contempt of Courts Act, 1971. On 26/11/2024, when this matter was taken up for consideration, the learned Additional Director General of Prosecution ('ADGP' for short) and also the learned counsel for the respondent sought time to address arguments on the maintainability of the contempt appeal under Sec. 19(1) of the Contempt of Courts Act. On 6/12/2024, the learned ADGP filed I.A. No.1 of 2024 seeking an order to treat the appeal as one filed under Sec.5 (i) of the Kerala High Court Act, 1958 instead of Sec.19(1) of the Contempt of Courts Act. After hearing the preliminary submissions made by both sides, we appointed Advocate K.Rajeev as Amicus Curiae to assist this Court. Advocate C.K Suresh, the learned Public Prosecutor was directed to hand over a complete set of appeal memorandum to the learned Amicus Curiae.

(3.) The facts which lead to the filing of the above contempt appeal can be summarised as follows: