ANANDAN Vs. STATE

JUDGEMENT

(1.) THE petitioner was arrested on 21. 2. 1989 for an alleged offence under Sec. 4 (1) (j) of the Tamil Nadu Prohibition Act. He was released on bail on 21. 2. 1989. THE petitioner has been attending the hearing in the trial Court from then onwards. Since the final report has not yet been received the petitioner by filing Crl. M. P. No. 765 of 1989, sought permission of the trial Magistrate to appear on summons after filing of the final report since he was employed at Madras and he found it extremely difficult to travel quite often to Dharapuram when, there can be no progress in the proceedings. However, the trial Magistrate dismissed the said petition on the ground that it was too early to order, for appearance on summons.

(2.) IN Free Legal Aid Committee, Jamshedpur v. State of Bihar, 1983 Crl. L. J. 1943: A. I. R. 1982 s. C. 1463, the Supreme Court has observed that when an accused was released on bail, he need not be required to appear before the Court until the charge-sheet is filed and process is issued by the Court and the mechanical appearance in court before the charge-sheet is filed causes considerable inconvenience, to the accused without corresponding advantage so far as the administration of criminal justice is concerned. It would avoid hardship to an accused, if the magistrate, while releasing the accused on bail, binds over the accused to appear on the issue of summons, after final report is filed.