The petitioner herein stands arrayed as the sole accused in C.C.No.1591/2008 of the Judicial First Class Magistrate Court-II, Ernakulam for offences punishable under Sections 448 and 511 of 363 I.P.C.

2. The petitioner herein is the husband of one Rathi. In the matrimonial relationship, a child was born. On 24.11.2007, the wife and the child were missing. Crime No. 460/2007 was registered by the Udayamperoor police. Subsequently, on 5.1.2008, the said Rathi, along with the child voluntarily appeared before the court. It is alleged that, while she was waiting inside the court hall for her case to be taken up, the petitioner herein allegedly rushed into the court hall, tried to take the child held by Rathi and to kidnap the child. The Magistrate, before whom the incident happened, directed the police to arrest him and thereafter laid a complaint before the Sub Inspector of Police, Central Police Station, Ernakulam, by communication dated 5.1.2008, to register case against him. Accordingly, crime was registered as Crime No. 39/2008 of Central Police Station, Ernakulam. After investigation final report was laid. The petitioner herein challenges his prosecution on the ground that