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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE A.K. RAJAN
Appu alias Santhakumar & Others
Versus
State represented by Inspector of Police, Palavanthangal Police Station, Chennai & Others
Crl.O.P.Nos. 7226, 7227, 8936, 9060, 8951 & 8987 of 2004
Decided On : 24-03-2004
Bail - Criminal Procedure Code - Secs.307, 34, 395, 397, 341, 332, 336, 427, 506(ii), 302, 4(1)(aaa), 4(1-A)(ii) - The court discussed the provisions of the Criminal Procedure Code related to bail, issuance of P.T.Warrant, and remand of accused persons. The court emphasized that a person produced under a P.T.Warrant cannot be remanded in a case for which bail was previously granted, unless the bail is cancelled as per the provisions of the Code. The court issued directions to Magistrates and Sessions Judges regarding the issuance of P.T.Warrants and emphasized that such warrants are temporary measures for the production of a person confined in prison before the Court.
Fact of the Case:
The petitioners filed for bail in multiple cases where they were remanded for various offences under the Indian Penal Code. The respondent opposed the bail, stating that the petitioners were involved in multiple cases and would abscond if released.
Finding of the Court:
The court analyzed the provisions of the Criminal Procedure Code related to bail, issuance of P.T.Warrant, and remand of accused persons. The court emphasized that a person produced under a P.T.Warrant cannot be remanded in a case for which bail was previously granted, unless the bail is cancelled as per the provisions of the Code.
Issues: The main issue was whether a person produced under a P.T.Warrant, after being granted bail in a previous case, can be remanded again in the first case till the next hearing date.
Ratio Decidendi: The court held that a person produced under a P.T.Warrant cannot be remanded in a case for which bail was previously granted, unless the bail is cancelled as per the provisions of the Code. The court issued directions to Magistrates and Sessions Judges regarding the issuance of P.T.Warrants and emphasized that such warrants are temporary measures for the production of a person confined in prison before the Court.
Final Decision: The court directed the jail authorities to release the petitioners forthwith, if they are not remanded in any other case.
1. These petitions are filed for bail.
2. Crl.O.P.No.7226 of 2004 is for grant of bail in PRC.No.21 of 2002 (on the file of Sessions Court, Chengalpattu, as stated in the petition). It is further stated that the petitioners were produced under a P.T.Warrant for the offence under Secs.307 and 34, I.P.C., on 20.12.2001, and after production they are remanded continuously and that they are in custody for the past two years and two months.
3. The respondent has filed a counter in which it is stated that on 25.9.2001 at about 3.00 p.m., due to previous enmity, the first petitioner along with three persons entered the shop of the complainant and caused simple injuries to him; the second petitioner (who is A-1), caused injury with knife on the forehead and left ribs of the complainant. On 11.2.2002, the charge sheet has been filed. The accused persons are also involved in many cases, totalling 33; (the list of cases is also given in the counter). If they are released on bail, they will abscond and they will not appear before the trial Court and they will tamper with the prosecution witness. Hence, the bail petition is to be dismissed.
4. Crl.O.PNo.7227 of 2004 is for grant of bail in PRC.No.354 of 2002 (on the file of the Sessions Court, Chengalpattu, as stated in the petition). It is further stated that the petitioners were produced under a P.T. warrant for the offence under Secs.395 read with 397, I.P.C., on 20.12.2001, and they are remanded continuously thereafter; that they are in custody for the past two years and two months.
5. The respondent has filed a counter in which it is stated that on 19.12.2001/20.12.2001 at about 00.10 hours, the accused persons way-laided the complainant and his brother-in-law and attacked them with knife and aruval and forcibly took their bike and Rs.90,000. The accused are also involved in 30 cases; (the list of cases is also stated in the counter). If the petitioners are released on bail, they will abscond and they will not appear before the trial Court, and they will also tamper with the prosecution ‘witness.
6. A rejoinder has been filed by the petitioners in both the petitions stating that the petitioners are not aware that there are 31 cases pending against them. The petitioners were arrested in Cr.No.786 of 2001, 658 of 2002, and 823 and 791 of 2004 on the file of Pallavaram Police Station; and Cr.No.527 of 2001 on the file of Chrompet Police Station, and these are the only cases in which they are being remanded.
7. The learned counsel for the petitioners in Crl.O.P.Nos.7226 and 7227 of 2004 submitted that the petitioners were arrested on 20.12.2001; bail was granted on 11.10.2002. Since they were arrested in connection with some other offence, they could not appear in the Court; therefore, the Court issued P.T.Warrants and they were produced (under P.T.Warrants) on 25.10.2002. From that date onwards they are in custody. Hence, the present petitions for bail.
8. Crl.O.P.Nos.8936 and 9060 of 2004 are for grant of bail in PRC.Nos.5 and 4 of 2003 (on the file of the District Munsif-cum-Judicial Magistrate, Thiruvotriyur as stated in the petition). The case of the prosecution is that the petitioner is charged for offences under Secs.341, 332, 336, 307, 427 and 506(ii), I.P.C. The petitioner was granted bail on 16.12.2002 under Sec. 167(2), Crl.P.C. on his furnishing sureties for Rs.2,000. While so, a P.T.Warrant was issued since he was detained under Act 14 of 1982. That detention was over on 4.10.2003. It is stated that the Magistrate issued a P.T.Warrant on 1.3.2004 and the petitioner has been remanded on the basis of P.T. Warrant on 1.3.2004. The petitioner states that he filed a bail petition before the Principal Sessions Judge and that was dismissed. Therefore, the present petitions have been filed.
9. Crl.O.P.No.8951 of 2004 is for grant of bail in PRC.No.5 of 2003 (on the file of the Judicial Magistrate II, Pooneri, Thiruvallur district, as stated in the petition). The petitio
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