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PADMANABHAN
ALI AHAMMED – Appellant
Versus
STATE OF KERALA – Respondent
The court held that the power of a magistrate to remand an accused at the time of committal is subject to the provisions relating to bail, and that bail granted by higher courts cannot be automatically canceled by the magistrate during the committal process, as doing so would constitute an abuse of court process and result in a miscarriage of justice. Consequently, when cases are committed to the Court of Sessions, accused persons who have been granted bail should not be remanded to custody but should instead be released on bail under the existing terms and conditions.
1. Both are petitions filed under S.438, S.439 and S.482 of the Code of Criminal Procedure. Petitioners in Crl. M. C. 959 are accused in committal proceedings 2 of 1985 and petitioners in Crl. M. C. 964 of 1985 are accused in committal proceedings 4 of 1985 both pending before the Judicial First Class Magistrate, Pattambi.
2. In C. P. No. 2 of 1985 out of the 36 accused 28 were granted anticipatory bail from the Sessions Court, Palghat and the remaining accused were enlarged on bail by the Magistrate himself. In the other case all the accused were granted anticipatory bail by the Sessions Judge at the investigation stage. After final report they were granted regular bail by the Magistrate himself. Thus all the accused in both the cases are now on bail.
3. Both cases now stand posted for committal to the Court of Sessions. It is said that the Magistrate directed all the accused to appear in person before him for being remanded to custody, apparently as provided under S.209(a) and S.209(b) of the Code of Criminal Procedure. The Magistrate is of the view that on completing the committal proceedings he is bound to remand all the accused to custody as provided under the afores
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