The petitioner herein was granted bail under Section 437 (1) of the Code of Criminal Procedure, 1973 ( the “Code” for brevity) by the learned Magistrate on 23.11.2018 after he was arrested in Crime No.1528 of 2018 registered at the Mundakkayam Police Station on 17.11.2018 under Sections 354 and 354A of the IPC.

2. While the petitioner was enjoying the liberty granted as above, he was served with Annexure-J notice dated 14.12.2018 directing him to appear before the Court below on 17.12.2018. The terse order passed by the court below reads as follows:-

“Heard. On perusal of the CD filed and arguments of counsel and APP, it is clear that prima facie offence under Section 376 IPC is made out. Hence, accused shall appear on 17.12.2018.”

3. The above order is under challenge in this petition filed under Section 482 of the Cr.P.C. The apprehension evidently is that the learned Magistrate has concluded that if prima facie offence under Section 376 of the IPC is made out, he would be remanded to on his appearance.

4. A brief resume of the facts emerging from the case diary needs to be narrated to have an idea of the events which led to the passing of the above order by the learned Magist