Annamalai and others vs Inspector C.B. (CID) Vellore, North Arcot District

Sengottuvelan, J.—The Petitioners 1 to 25 are the officers holding several ranks in the police service and the Petitioners 26 and 27 are the

residents of Kurusalpet village. All these Petitioners are accused in P.R.C. No. 8 of 1985, on the file of the Judicial Second Class Magistrate,

Vaniambadi for causing the death of an under-trial prisoner, and the order of committal by the Magistrate is yet to follow. It is stated that the

preliminary enquiry by the Magistrate is over. The Petitioners have come forward with this petition for a direction to the Magistrate that they should

be released on bail in the event of committal regarding the offence. It is also stated that they are serving as police officers and if they are not

released they will be put to difficulty. The Supreme Court in the case reported in Free Legal Aid Committee, Jamshedpur Vs. State of Bihar, held

as follows:-

In cases triable by the Court of Session, the practice followed by the Magistrates is that when an accused is released on bait by the Magistrate, the

bail is granted to him only during the pendency of the inquiry before the Magistrate, with the result that when the case is committed to the Court of

Sessions he is rearrested and brought before the Court of Session where he has to apply once again for fresh bail. This causes considerable

inconvenience to the accused without any corresponding advantage so far as the administration of criminal justice is concerned .It would avoid

hardship to an accused if the Magistrate, while releasing the accused on bail, requires execution of a bond with or without surety, as the case may

be binding the accused not only to appear but also to appear when called upon in the Court of Session. A Magistrate should normally follow this

procedure unless there are any particular reasons for not doing so.

In view of the wholesome principle laid down by the Supreme Court, this is a fit case where the Magistrate will have to be directed to release

the Petitioners on bail as and when an order of committal is made, if there are no other reasons by which such bail cannot be granted. This petition

is allowed in the above terms.