IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 Crl.MC.No. 1391 of 2008() ------------------------- CRLMC.1165/2008 Dated 17/03/2008 S.T.NO. 495/2008 of JUDICIAL FIRST CLASS MAGISTRATE, MANJERI. .................... PETITIONER/ACCUSED: -------------------------- SUDEESH, AGED 26 YEARS, S/O. CHANDRAN, NELLIKUNI VAYAL, NADAKKAVU, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------- 1. SUB INSPECTOR OF POLICE, MANJERI POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.03.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No.1391 of 2008 ========================== Dated this the 31st day of March, 2008. O R D E R The petitioner who is the accused in S.T. No. 495 of 2008 on the file of the Judicial First Class Magistrate, Manjeri for offences punishable under Sections 184 and 185 of the Motor Vehicles Act, 1988, seeks a direction to the 1st respondent, the Sub Inspector of Police, Majeri not to arrest the petitioner without the permission of the Magistrate. According to the petitioner, after laying the final report before the court, the petitioner had obtained bail from the Magistrate and thereafter the police have added Section 379 IPC and is attempting to arrest the petitioner. If the petitioner has been granted bail by the Magistrate, then merely because the police have added one more offence, they cannot arrest the accused without the permission of the Magistrate. Clarifying this position, this Crl.M.C is disposed of. V. RAMKUMAR, JUDGE. rv