SAJITH BALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.191 of 2015 of the Cheruthuruthy Police Station registered originally under Section 174 Cr.P.C. The investigation revealed commission of the offence by the petitioner under Section 306 of the Indian Penal Code, which is the prosecution case. He filed an application under Section 439 Cr.P.C. for bail, as he was arrested and remanded to judicial custody. On 19.8.2015 by Annexure- I order, the learned Sessions Judge granted him bail, but directed that he shall be released only on 31.8.2015. This is challenged in this Crl.M.C.

(2.) Heard.

(3.) The simple question that arises for consideration is whether the Criminal Court can grant bail to an accused but at the same time direct that he shall be released only on a future date. The law is that if an accused is entitled to bail, it shall be granted to him forthwith, and if he is not, it shall be denied to him. It is illegal for the Court to grant bail and direct that the accused shall be released only on a future date. The question came up before the Supreme Court in Dasharath Pandey and others v. State of Bihar, 1995 Supp3 SCC 551 . The apex court held that such direction is illegal. This is what the Court has observed: