ANBARASAN Vs. STATE

JUDGEMENT

(1.) "whether a Probation Officer appointed under the Probation of Offenders Act, 1958 can be directed by a court or a Judicial Magistrate to enquire into the character, conduct or the other details of a person, who offers himself as surety for the release of an accused, who has been granted bail in a criminal case" is the question involved in this petition.

(2.) THE petitioner is the accused in Crime no. 37 of 2008 on the file of the respondent police for alleged offences under Sections 507 and 509,i. P. C. read with Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 2002. He was arrested by the respondent police and later on, the learned district Munsif-cum-Judicial Magistrate, keeranur by an order dated 15. 3. 2008 in cri. M. P. No. 900 of 2008 granted bail to the petitioner. In the said order, the learned magistrate has directed the release of the petitioner on execution of a personal bond with two sureties each for a like sum of Rs. 10,000. In the same order the learned Magistrate has further directed that the permanent residence and the character of the persons, who offer themselves as sureties, shall be verified by the Probation Officer. The petitioner challenges the said condition viz. , the direction for verification of the permanent residence and the character of the sureties by the Probation Officer.

(3.) BEFORE going into the other details of the case, it is worthwhile to refer to the relevant provisions of the Code of Criminal procedure relating to sureties. Section 441 of Cr. P. C reads as follows: