BIJU S PRAVEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS application filed under Section 482 of the Code of criminal Procedure depicts how judicial insensitivity can result in grave miscarriage of justice. The power and majesty of magistracy may be an alluring proposition, especially in a mofussil area. But the judicial officers occupying the seat of justice must always remember that they are dealing with problems of human beings. Insensitivity and insouciance bordering on callous apathy to human feelings may result in extreme mental torture to those who are unwittingly dragged to a criminal court.

(2.) IN the instant case a young man, who was involved in a road accident while he was away from his home town, had to face the wrath of a magistrate. Resultantly, he was banished to judicial custody for a day. The learned Magistrate probably had the satisfaction that he had shown his magisterial powers and given vent to his judicial wrath. But at what cost?

(3.) IN October 2004, petitioner got information that a non-bailable warrant had been issued by the Magistrate's Court against him. On enquiry it was revealed that the warrant was in connection with the case relating to the road accident. According to the petitioner, he had not received any summons or notice from the court in connection with the above case. He was advised that if he surrendered before the court, he may be remand to custody since a non-bailable warrant was pending against him. He was further informed that his bail application was likely to be considered only on the next day as that was the usual practice that was being followed by the court concerned.