KUNHIKANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the second time, during a short interval that I come across an order passed by a Magistrate (not the same) directing the custody of a young girl. The earlier case is reported in 1976 KLT 735 . The case now before me arises in an application for bail. From the bail application, it came to my notice that a girl, Sarojini by name, was directed by the Judicial II Class Magistrate, Cannanore, to be confined to the Central Prison, Cannanore, because she did not want to go with her father and wanted to go with the first accused, with whom she is said to be in love. That this Court has inherent power under S.482 Cr. P. C to pass appropriate orders, to avoid abuse of process of Court or otherwise to secure ends if justice, even though this Court is not exercising jurisdiction as an appellate Court or sitting in revision, cannot be disputed.

(2.) When this matter was brought to my notice, I felt that the subordinate Courts should be given a general direction as to how to deal with questions like this. Since the matter was important, I issued notice to the learned Advocate General to assist me.

(3.) Now the facts of the case. 12 accused in Crime No. 49 of 1976 of Edakkad Police Station moved for bail before the Judicial II Class Magistrate's Court. They were arrested in connection with various offences including the one punishable under S.366 I.P.C. The accusation against them is that they formed themselves into an unlawful assembly on 5-10-76 and committed criminal trespass by entering into the house of the first informant and forcibly removed his daughter Sarojini alias Baby. According to the first informant she is aged 17 years. According to the accused, she is aged 18 years. The said Sarojini was taken into custody by the police and was produced before the Magistrate. It is stated in the application for bail that the Magistrate sent the girl for medical examination and in the meanwhile remanded her to the custody of the Superintendent of Central Prison, Cannanore.