JOMON Vs. STATE OF KERALA

JUDGEMENT

(1.) The petition was filed both under Ss. 397 and 482 of the Code of Criminal Procedure (for short the Code).

(2.) Petitioner is the accused in crime No. 303 of 1985 of the Kottayam East Police Station pending before the Judicial Second Class Magistrate, Kottayam. In that case he surrendered before court and was released on bail on 1-10-1985 with intimation to the Police. On 3-10-1985 he filed Cr1. M.P. 2951 of 1985 before the Magistrate alleging commission of certain offences against him on the morning of 2-10-1985 by some constables and the Sub Inspector of the same station at the instance of the de facto complainant in the crime ease. The offences include illegal arrest in violation of the order granting bail, wrongful confinement, hurt, criminal trespass, criminal intimidation etc. The Magistrate was requested in the petition to receive the same and take appropriate action.

(3.) Though the petition was filed on 3-10-1985 the Magistrate only on 7-10-1985 passed the following order; This is only a petition and it does not have the magnitude of a complaint. Further it does not show whether the police had registered any other case against the petitioner after he has been released on bail from the court. So the copy of the petition is forwarded to the Superintendent of Police, Kottayam for enquiry. The result of the enquiry may be intimated to this court at an early date.