THOMAS, Vs. STATE

JUDGEMENT

(1.) THE petition has been filed under Ss. 430 and 482 Crl. P.C. for giving directions to the J.S.C.M. II, Madurai, to release the petitioners on bail in the event of their committal in P.R.C. 16/81 of the file of this Court. The learned Public Prosecutor argues that such a direction to grant bail in the event of committal is not sustainable and that directions can be given only, not to cancel the bail already granted as held by the Supreme Court in Komi Krishan v. Suraj Bhan : A.I.R. 1980 S.C. 1780. At the time of committing the accused, there is no need for canceling the bail already granted and it is not going to serve any purpose. The accused who are already on bail may be ordered to be continued to be on bail even at the time of committing the accused for trial to the Sessions Court. It has also been held by the Supreme Court in Kowal Krishar v. Suraj Bhan : A.I.R. 1980 S.C. 1780 that the bail already granted should not be arbitrarily cancelled at the time of committing the accused by the Magistrate to the Sessions Court. Such cancellation of bail will only multiply the work of the Sessions Court not to speak of the harassment caused to the accused persons, who are already on bail after saving expended huge amounts in bringing to sureties to the Court. This Court on a former occasion, had the opportunity to give sues direction to the committing Court not to cancel the bail granted to the accused at the time of committing them for trial to the Sessions Court in Subbiah alias Raj Gounder and others In Re Crl. M.P. 4482/81 dt. 26 -8 -1981. Therefore, justice demands that directions have to be given to the committing Magistrate not to cancel the bail already granted and it will suffice if the accused are bound over to appear before the Sessions Court on the same bonds already executed by the accused and their sureties. The petition is ordered accordingly.