Point of Law: Section 195A of IPC provides as threatening any person to give false evidence.

ORDER :

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.' for short) by the sole accused in crime No.1062/2022 of Koratty police station.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. I have perused the relevant documents form part of the case diary placed by the learned Public Prosecutor.

4. The prosecution allegation is that at about 15.10 hours on 05.12.2022, the defacto complainant, who is an approver in a murder case, vide crime No.1229/2017, where charge has been filed for offences punishable under Sections 302, 384, 364 and 120(B) r/w. Section 34 of IPC, was threatened by the accused herein, who is the accused in crime No.1229/2017, by calling the defacto complainant in his mobile No.7034632173 from the mobile No.8129417993 belonged to the wife of the accused. The specific allegation is that the accused threatened the defacto complainant stating that the defacto complainant transposed to be a man of the police by styling himself as an approver and therefore, separate quotation would be given against him. Recording the First Information Statement given by the defacto complainant, the police registered the instant crime, alleging commission of offences punishable under Sections 195 A of IPC and under Section 120(O) of the Kerala Police Act.

5. While canvassing regular bail to the petitioner, who has been in custody from 11.12.2022 onwards, the learned counsel for the petitioner raised a pertinent legal question. According to the learned counsel for the petitioner, the police could not register a crime alleging commission of offence under Section 195 A of IPC since the said offence would come under the category of offences, which are non-cognizable and for which, the procedure provided under Section 340 of Cr.P.C. r/w. Section 195 of Cr.P.C. should be followed. In this connection, the learned counsel for the petitioner placed decision of the Apex Court reported in 1953 KHC 356 SC [Basir-ul-Hug v. State of W.B.] and also decision of this Court reported in 2021 (3) KHC 125 [Radhakrishnan P. v. State of Kerala and Others] and also an unreported decision of this Court in Crl.M.C. No.7162/2015 dated 26.02.2019.

6. Whereas the learned Public Prosecutor would submit that Section 195 A of IPC was incorporated in the Statute with effect from 16.04.2006 by Act 2 of 2006 and the said offence is classified as ‘cognizable, non-bailable, non-compoundable and triable by the Court by which offence of giving false evidence is triable'. The learned Public Prosecutor also relied on the decision reported in Radhakrishnan P. (Supra) to contend that in the said case also, this Court read offence under Sections 167 and 195 A IPC in segregation, excluding the bar under Section 195 IPC, though it was held that even though the other offences alleged are under Section 167 and 195 A of IPC, they are undoubtedly interwoven with and inseparable from the offence under Section 193 and therefore susceptible to the prohibition under Section 195(1) (b)(i) of Cr.PC.

7. While allaying the dispute, the relevant question is; whether the bar under Section 195(1)(b)(i) of Cr.P.C. would apply in so far as offence under Section 195 A IPC introduced with effect from 16.04.2006, is concerned?

8. In this connection, the decision of Basir-ul-Hug (supra) pointed out by the learned counsel for the petitioner has no relevance, since, at the time when Basir-ul-Hug was delivered by the Apex Court, Section 195 A of IPC was not in the Statute book.

9. In the decision in Radhakrishnan P's case (Supra), this Court found that since offence under Section 167 and 195 A of IPC are undoubtedly interwoven with and inseparable from the offence under Section 193 and therefore susceptible to the prohibition under Section 195(1)(b)(i) of Cr.PC., the bar under Section 195(1)(b) of Cr.P.C. would apply. In the unreported decision in Crl.M.C.No.7162/2015 in paragraph No