Selvamani v. State represented by Inspector of Police, Upiliyapuram
1989-07-06
JANARATHANAM
body1989
DigiLaw.ai
ORDER 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. Learned counsel for the petitioner now represents that notwithstanding the fact that no condition was imposed by this Court as regards the appearance of the petitioner before any forum, the Judicial Magistrate II, Kulithalai, is insisting for the personal appearance of the petitioner bimonthly. He also represents that if the petitioner filed to appear as insisted, the Magistrate would issue non-bailable warrant for arrest and production of the petitioner before him. 4. 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. B.S. ----- Petition dismissed.