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1973 Supreme(Ker) 263

MATHEW ZACHARIA – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The matter has come on before us on a fairly detailed order of reference by Bhaskaran J. Although the learned judge refrained from expressing his final view, he stated more than once in the order of reference, that there is enough to cast doubts on the correctness of the decision of a Division Bench of this Court in Velu Viswanathan & Others v. The State (1971 KLT. 80), and that the question of law involved should be settled by a Division Bench, or a larger Bench, before which this petition may be placed by the Chief justice.

2. The petitioner is the President of the Kerala Non-Gazetted Officers' Union. On the night/ morning of the 9th/10th November 1973 at 3-30 A.M. the 2nd and 3rd respondents with a post of constables are stated to have searched the petitioner's Vettikkunnel House, Mannarcad in the petitioner's absence, and, according to his wife, asked her to direct the petitioner to contact either the 2nd or the 3rd respondent with a sum of not less than Rs. 5,000/-, as he was the accused in a criminal case. The petitioner, on enquiry, learnt that Crime No. 145/1973 of Karukachal Police Station had been filed against him and others for offences under S.467, 471, 4










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