Subbarama Iyer vs State

Koshi, C.J.—This is an application to release an under-trial prisoner on bail. The applicant is accused No. 3 in P. E. No. 7 of 1952 on the file of the Sub Divisional Magistrate, Trivan-drum. The case against him is that he and the remaining three accused persons in the case entered into a criminal conspiracy to traffic in counterfeit currency notes, that he had possession of such notes and that he actually attempted to pass them as genuine. These constitute offences under Sections 120, 489 (C) and 489(B) respectively of the Penal Code. An offence u/s 489(B) is non-bailable and is liable to be punished with imprisonment for life. The lower Courts have refused to admit, the applicant to bail and the question is whether this Court should interfere.

When the applicant made his application before the Sessions Judge of Trivandrum to enlarge him on bail the Police had not filed their charge-sheet but the learned Judge had the opportunity to peruse the same before he passed the order rejecting the application. The charge sheet was filed in between the date of the application and the date of the order. On a perusal the same, it is seen that the prosecution proposes to examine as many as five witnesses to connect the accused with the commission of the offences he is charged with. Looking at the nature of the evidence proposed to We adduced in the case against the applicant, I cannot bring myself to hold that his case can be brought within the inhibition against releasing a person charged with the commission of a not-bailable offence punishable with imprisonment for life or the more severe punishment prescribed by law. Except the oral testimony of five isolated or unconnected witnesses. the prosecution would seem to have in their possession, if I might say so, no tangible or material proof to connect the applicant with the offences forming the subject of the charge. I would therefore allow this application and direct the applicant to be admitted to bail on terms to be referred to presently.

The learned Public Prosecutor vehemently opposed this application and reminded me that inasmuch as the Sessions Judge has refused to enlarge the applicant on bail I should not lightly interfere with his order. Ordinarily this Court does not interfere with a Sessions '' judge''s exercise of his discretion on a matter relating to bail. Here the learned Judge has virtually failed to exercise his jurisdiction. He has omitted to consider whether there are reasonable grounds to believe that the applicant is guilty of a non-bailable offence punishable with imprisonment for life or any higher punish- ment. The learned Judge postponed the consideration of that question to afford a reasonable opportunity to the prosecution to have the evidence of the principal witnesses recorded by the committing Magistrate. This. I am afraid is seeking to load the scales of justice against an accused person. Courts'' duty is to hold the scales even and to see that both sides are not hampered.

The reasons for the learned Judge''s refusal to admit the applicant to bail is based on the apprehension that if enlarged he will tamper with the prosecution evidence. This is the usual slogan which the prosecution raises in opposing bail application and in this case there is no material whatever before me to show that there is any substance behind that apprehension. The State has not chosen to file an affidavit before this Court to show that ihe applicant is an influential person or he is of a desparate character to influence or intimidate witness. Before me there is only the (sic) dixit'' of the learned Public Prosecutor that the accused would if enlarged on bail tamper with the evidence. It does not appear that there was before the learned Sessions Judge either any material to substantiate the appre(sic)ension raised on behalf of the prosecution. Courts have repeatedly pointed out that a vague and general allegation that the accused would tamper with the evidence is not a sound reason for refusing bail. See - ''D.R. Guru v. Emperor'' AIR 1930 Bom 484 ; - AIR 1940 8 (Oudh) and - AIR 1944 149 (Nagpur)

Besides the foregoing, there is yet Anr. reason for me to interfere with the sessions Judge''s exercise of his discretion to refuse bail to the applicant. The learned Judge would appear to have been misled to think that pursuant to information received from the applicant counterfeit currency notes of a face value of over seventy thousand rupees have been recovered from the house of Anr. accused in the case. The truth would however seem to be that while the Police recovered large number of counterfeit currency notes from the house of the 4th accused in the case the prosecution has no case that it was pursuant to any information received from the applicant. This aspect is clear from the charge-sheet. The assertion the applicant''s counsel made before me that the Judge had made a mistake with respect to it was not sought to be contraverted by the learned Public Prosecutor. In these circumstances, I cannot accede to the argument that I should not in this case interfere with the Sessions Judge''s refusal to admit the applicant to bail.

The applicant will be enlarged on bail in his personal recognizance for Rs. 10,000 with two sureties each lor a like amount to the satisfaction of the Sub-Divisional Magistrate, Trivandrum, who has now seisin of the case.