CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused 1 to 3, in crime No.74/2006 of Kolavalloor Police Station, for the offence punishable under Ss.341, 323 and 324 IPC read with Section 34 IPC.

(2.) The learned Counsel submits that the Sessions Court, Thalassery, had dismissed the prayer for an order, under Section 438 Cr.P.C. on the ground that the investigation is not over. The offence under Sections 341, 323 and 324 IPC are bailable. Though the Code of Criminal Procedure (Amendment) Act 2005, Act 25 of 2005, had been implemented from the appointed date, 23.6.2006, all the provisions contained thereunder, had not been brought into force. The Gazette of India Extraordinary dated 21.6.2006 contains S.O.No. 923(E), notifying that though 23.6.2006 is appointed as the date on which the provisions of Act 25 of 2005 would come into effect the provisions of Sections 16, 25, 28(a), 28(b), 38, 42(a), 42(b), 42(f)(iii) and (iv) and 44(a) have been excluded.

(3.) Under Section 42(f)(iii) against Section 324 IPC, in fifth column of First Schedule of Cr.P.C. the word 'bailable' is deleted and 'non bailable' is included However, because of the non implementation of Section 42(f)(iii) of the Code of Criminal Procedure (Amendment) Act, 2005, the offence under Section 324 IPC still continues to remain as bailable.