JAYESH J.KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, an accused in C.C. No.635 of 2016, on the files of the Additional Chief Judicial Magistrate Court, Ernakulam is aggrieved by Annexure A5 proceedings of the trial court, handing over the warrant against one of the defence witnesses to the accused for its execution.

(2.) The essential facts are as under;

(3.) It is the contention of the learned Counsel for the petitioner that the trial court cannot compel an accused to execute the warrant issued against a witness, even if it is a defense witness. Reliance is placed on the decision in Santhosh Kumar v. State [2016 (5) KHC 709] to contend that it is the duty of the court to issue process and secure the presence of the witnesses, documents or things.