JOSEPH ALIAS APPACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) When this petition came up for hearing and disposal finally, the learned counsel for the petitioner was pointedly asked why the petitioner cannot claim discharge from the Sessions Court under Sec.227/228 of the Cr.P.C. The learned counsel for the petitioner submits that the petitioner is worried only about the unnecessary vexation which must inevitably occur as the petitioner is unlikely to be granted bail, the offence being ones exclusively triable by a Court of Session. If this Court would permit the petitioner to appear before the learned Sessions Judge and claim discharge, the petitioner will have no surviving grievance. The possibility of his unnecessary incarceration in prison may be avoided and suitable provisions may be made, it is prayed.

(2.) Having gone through all the relevant facts including the judgment of acquittal of the co-accused and the quashing of proceedings against accused No.11, I am satisfied that the petitioner must be given an opportunity to claim discharge CRL.M.C.NO. 2166 OF 2006 -: 2 :- from the Sessions Court without the threat or fear of being incarcerated in prison by orders of the committal court.

(3.) In the result, this Crl.M.C. is dismissed and the following directions are issued under Sec.438 of the Cr.P.C. to secure the interests of justice: