Chennai:
Madras High Court has slammed sessions judge and judicial officers in Vellore for denying bail to a person who was booked under section 212 Indian Penal Code, a bailable offence, and said blindfolded orders are an anathema to freedom loving people.
Judge P Devadass after hearing a petition of one Sathya, who was denied bail in a bailable offence for harbouring an offender and helping him escape by the principal sessions judge, said that mechanical and blindfolded orders always militates against basic, fundamental freedom guaranteed to the citizens in Article 21 of the constitution of India. “They are anathema and affront to freedom loving people,” he observed.
Granting bail to Sathya, who is languishing in jail for more than a month, the judge said the petitioner is in jai not in accordance with the procedure established by law.
“His detention after denial of bail is against law. Judicial power and discretionary power conferred upon the judicial bodies under code or under statutes has to be exercised in accordance with law, as mandated in the concerned enactment, in this case it is Code of Criminal Procedure,” the judge observed.
“The sessions judge seem to have frightened because of making Section 212 Indian Penal Code read with Section 302 IPC. But he ought not to have been carried away by such kind of adding. He should be carried away only by the language of law,” the judge stated.
“However, an accused may be wicked or worst, he too is entitled to the protection or benefits of law. Because he is involved in a criminal case, he is not denude of his basic freedom, statutory rights, such as provided in Section 436 of criminal procedure code,” the judge said.
The judge also said the accused shall execute his own bond for Rs 5000 to the satisfaction of judicial magistrate. He shall appear before the police as and when required for interrogation.
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