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1960 Supreme(Ker) 55

K.SANKARAN
Chakkappan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
K. Velayudhan Nair and V.S. Moothathu, for Petitioners;
Public Prosecutor, for the State.

ORDER :-

Petitioners are accused 1 to 6 in Crime No. 77/1959 registered at the Chalakudi Police Station. They were arrested under S. 151 of the Code of Criminal Procedure by the Inspector in charge of that station. The arrest was on 18-06-1956 and on the next day they were produced before the First Class Magistrate at Chalakudi with a request that they may be remanded to custody pending investigation of the case registered against them. The Magistrate passed an order remanding them to custody for a period of 14 days. On behalf of the petitioners an application was filed before the Magistrate challenging the legality of their arrest by the Inspector of Police and also of that Magistrate's order remanding them to custody. The Magistrate dismissed that application. The present revision petition is directed against that order.

2. The circumstances under which a Police Officer may arrest a person without a warrant from a Magistrate are enumerated in Sec. 54 if the Code of Criminal Procedure. This section contains the general provisions authorising such arrest. The arrest of the petitioners on 18-6-1959 was not under any of the conditions specified in Sec. 54. Over and above the power conf











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