JERI CHERIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein was granted bail under section  437  (1) of the Code of Criminal Procedure, 1973 (the "Code" for brevity) by the learned Magistrate on 23.11.2018 after he was arrested in Crime No.1528 of 2018 registered at the Mundakkayam Police Station on 17.11.2018 under Sections 354 and 354A of the IPC.

(2.) While the petitioner was enjoying the liberty granted as above, he was served with Annexure-J notice dated 14.12.2018 directing him to appear before the Court below on 17.12.2018. The terse order passed by the court below reads as follows:- "Heard. On perusal of the CD filed and arguments of counsel and APP , it is clear that prima facie offence under Sec. 376 Penal Code is made out. Hence, accused shall appear on 17.12.2018."

(3.) The above order is under challenge in this petition filed under section 482 of the Crimial P.C., 1973 The apprehension evidently is that the learned Magistrate has concluded that if prima facie offence under Sec. 376 of the Penal Code is made out, he would be remanded to on his appearance.