PUBLIC PROSECUTOR ANDHRA PRADESH Vs. G MANIKYA RAO

JUDGEMENT

(1.) This application for cancellation of the Bail granted to the respondent by the Sessions Court, Nalgonda, raises an important and interesting question as to the power of the High Court to grant bail to a person, who was not arrested on any charge of non-bailable offence, or for whose apprehension a warrant has not been issued or who has not surrendered himself in Court but merely apprehends that he might be arrested.

(2.) The respondent, along with nine others, was charge-sheeted under Section 302, I.P.C., for having beaten to death one Raj Narsi Reddi on 9-10-1958. No warrant was issued for the arrest of the respondent notwithstanding the filing of a provisional charge-sheet. Meanwhile, the wife of the respondent moved the munsif-Magistrate, Suryapet, to enlarge him on bail alleging that he was sick. This was dismissed by the Magistrate as he thought that the accused was not so seriously sick as to be unable to attend Court. Shortly thereafter, an application was filed before the Sessions Judge for the same relief on the same grounds with this addition that the Police were after the respondent. The Sessions Judge directed the release of the respondent overruling the objection of the Public Prosecutor that the accused could not be released on bail since he was neither arrested nor had he appeared in Court as contemplated by Section 497, Cr. P. C., as he felt bound by a ruling of the erstwhile Hyderabad High Court in Muzafaruddin Mohammad v. State of Hyderabad, AIR 1953 Hyd 219 (FB) and Sunder Singh v. The State, AIR 1954 Hyd 55. which followed the Full Bench. It is this order that is sought to be cancelled now.

(3.) In support of this petition, it is urged by the Public Prosecutor that the Sessions Court had no power to grant what may be called anticipatory bail. The answer of the counsel for the respondent to this is that the conditions envisaged in Section 497, Cr.P.C., had been fulfilled in that the respondent appeared through counsel in Court or that, at any ate, the Sessions Court, acting under Section 498, had ample powers to release the accused on bail even if he was not apprehended.