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2016 Supreme(Mad) 2586
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DEVADASS, J.
Tamilselvi - Petitioner
Vs.
State represented by Sub Inspector of Police, Jayamangalam Police Station - Respondent
Crl.R.C.(MD)No.499 of 2016
Decided on : 10-08-2016
For the Appellant : Mr. C.Jeganathan
For the Respondent:Mr. P.Kandasamy Govt. Advocate (Crl.side)
The importance of considering the precious liberty of an accused and the need for a liberal view in such matters.
Headnote:
N.B.W. - Bail Petition - Court allows revision petition, sets aside Magistrate's endorsement, and directs petitioner to represent bail petition before Magistrate
Fact of the Case:
The accused, Vellimalai, was sent to jail in execution of a N.B.W. for failing to attend a hearing in a case pending before the Judicial Magistrate. His wife, Tamilselvi, filed a bail petition before the Magistrate, who returned the petition.
Finding of the Court:
The Court found that the Magistrate preferred technicality over the precious liberty of the accused. It allowed the revision petition, set aside the Magistrate's endorsement, and directed the petitioner to represent the bail petition before the Magistrate.
Issues: The issues involved the refusal of the Magistrate to entertain the bail petition and the accused's right to liberty.
Ratio Decidendi: The Court emphasized the importance of a wife's support for her husband and criticized the Magistrate for not taking a liberal view in the matter.
Final Decision: The revision petition was allowed, the Magistrate's endorsement was set aside, and the petitioner was directed to represent the bail petition before the Magistrate.
Tamilselvi, the wife of accused Vellimalai practically seeks help of this Court to get release of her husband, who has been sent to jail in execution of N.B.W., since he had failed to attend the hearing.
2. Vellimalai has been accused of having committed an offence under Section 392 I.P.C. He was charge sheeted. His case is pending in C.C.No.222 of 2012 before the learned Judicial Magistrate, Periyakulam. He was on bail. He had failed to mark his attendance before the Court on the hearing date. The Court did not like this. It, ordered his arrest by issuing N.B.W. It was executed. That is how, Vellimalai had gone back to jail. His wife is not happy. She herself has filed a bail petition before the said Magistrate. The learned Magistrate examined the petition with technical eyes. The learned Magistrate preferred technicality than the precious liberty of a person. Thus, he returned the petition. That is why, Tamilselvi is before us.
3. A wife should be on the side of her husband both in happiness and in sorrow. There is no wrong on her part to take part in his hour of crisis. The learned Magistrate could have taken a liberal view in this matter.
4. In view of the above, ordered as under:
(1) The revision petition is allowed.
(2) The endorsement made by the learned Judicial Magistrate, Periyakulam on 18.07.2016 is set aside.
(3) The petitioner shall represent the bail petition without losing much time, before the learned Judicial Magistrate, Periyakulam, who will entertain it and pass orders according to law.
(4) The Registrar (Judicial) is directed to return all the original papers to the learned counsel for the petitioner without losing much time.
