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2015 Supreme(Ker) 793

K.ABRAHAM MATHEW
ANTHRU – Appellant
Versus
SUB-INSPECTOR OF POLICE, PANAMARAM POLICE STATION – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Sunny Mathew, Advocate.
For the Respondents: V.S. Sreejith, Public Prosecutor.

ORDER

1. Petitioners challenge the legality of the order passed by a Sessions Court in an application filed under Section 438 Cr. P.C. though it was disposed of in their favour, which appears to be very strange. Is the remedy worse than the disease? Even a cursory look at the order will not leave one astonished at the petitioners assailing the order. They are accused of having committed the offences under Sections 323 and 354B IPC. The facts of the case are not relevant for the present purpose as I have already passed an interim order.

2. By the impugned order the learned Sessions Judge directed the petitioners to surrender before the investigating officer within 10 days. Some of the other directions which contain certain declarations of law also are as follows:-

"On their surrender, as a non-bailable offence is alleged, in case, the Investigating Officer effects their arrest, they shall be released on bail by the Investigating Officer himself on executing bond for Rs. 1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum for the purpose of securing their presence for interrogation, if it is required."

"On completion of the interrogation (which may or m













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