SELVAMANI Vs. STATE

JUDGEMENT

(1.) THIS is an application filed under Sec.482, Criminal Procedure Code to dispose with the personal appearance of the petitioner before the Judicial Magistrate II, Kulithalai, pending disposal of C.A. No.158 of 1984.

(2.) THE petitioner was found guilty for an offence under Sec.307, Indian Penal Code and convicted thereunder, and sentenced to seven years rigorous imprisonment by the learned Sessions Judge, Trichy, in S.C.No.123 of 1983. Aggrieved by the conviction and sentence, the petitioner filed appeal in C.A.Nb.l58of 1984and Crl.M.P. No.l829of 1984 to suspend the sentence and to release him on bail. This Court granted him absolute bail without attaching any conviction, on his executing a bond for Rs.2,000 with two sureties each for like sum to the satisfaction of the J.S.C.M. Kulithalai.

(3.) IT is beyond one�s comprehension as to how the Magistrate could insist on the appearance of the petitioner for beyond the orders of the High Court. The insistence of appearance of the petitioner does not appear to be warranted and if the Magistrate does so under any misapprehension it is high time that he desists from such practice. With this observation, the petition is dismissed.