VIGNESHKUMAR Vs. STATE

JUDGEMENT

(1.) THE Court Made the following order :- An important question, "In the State of Tamil Nadu, whether an offence punishable under Section 353 of the Indian Penal Code is bailable or non-bailable under the First Schedule to THE Code of Criminal Procedure, 1973?" has arisen for consideration in this Criminal Original Petition.

(2.) APPREHENDING arrest at the hands of the respondent - police in Crime No.593 of 2011, on the file of the respondent police for offences under Sections 294(b) and 353 of the Indian Penal Code, the petitioner has come up with this Criminal Original Petition, seeking Anticipatory Bail. According to the petitioner, the offence punishable under Section 353 of the Indian Penal Code is non-bailable and, therefore, this Criminal Original Petition is maintainable.

(3.) SECTION 42(f) (vii) relates to the amendment in the First Schedule thereby classifying the offence under SECTION 353 of the Indian Penal Code as non - bailable. As per the above said Notification, the amendments classifying the offences under SECTIONs 274, 332, 333 and 353 have come into force w.e.f. 23.06.2006, and thus, these offences are non-bailable. SECTION 42(f) (iii) relates to the entry relating to offence punishable under SECTION 324 of the Indian Penal Code. Since it has not been notified, the offence punishable under SECTION 324 of the Indian Penal Code remains to be bailable.