N DASARATHA REDDY Vs. STATE

JUDGEMENT

(1.) The short question that arises for consideration in this case is whether anticipatory bail under Sec. 438 Cr. P.C. can be granted to an accused against whom a Magistrate Issued a non-bailable offence on a police report (charge-sheet) ?

(2.) In arriving at a decision on the question, it may be necessary to examine the various provisions In the new Code in regard to arrest, remand and ball Section 41 stipulates conditions for arrest by a Police Officer without a warrant from a Magistrate. Section 56 provides for the production of the person arrested before a Magistrate having jurisdiction In the case. Section 73 provides for the issue of a warrant by a First Class Magistrate to any person accused of a non-bailable offence and avading arrest. Section 76 provides for the production of the arrested person before the Court without delay. Section 167(1) provides for the remand of the person arrested when the Investigation cannot be completed within 24 hours. Section 309 (2) provides for the remand of an accused, if in custody, after the court takes cognizance of the offence or after the commencement of the trial. The direct provisions in regard to grant of bail are contained in sections 436 (I), 438(1) and 439(1). These provisions read as follows:

(3.) Besides the above provisions, Sec. 167(2) (a) provides that It is mandatory on the part of a Magistrate to release the accused on bail, whatever the offence may be, on the expiry of a total period of 60 days of detention during the investigation, provided, the accused is prepared to and does furnish bail. Section 209 (b) provides that a Magistrate while committing an accused to the Court of Session in the case of an offence exclusively triable by a Court of Session, may remand the accused to custody during and until the conclusion of the triual, subject to the provisions of the Code regarding ball.