Umesh vs State Of Kerala

The Supreme Court held that the continuance of criminal proceedings against the appellant, accused No.5 in CC Nos.289/1996 and 280/1996, does not constitute unnecessary harassment, as it is within the jurisdiction of the Magistrate to consider the appellant's contentions under Section 239 of the Cr.P.C. The Court directed the appellant to surrender before the Judicial Magistrate and upon furnishing a bond, to be released on bail, while allowing the appellant to file applications under Section 239 Cr.P.C. for consideration by the Magistrate.