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In Re: Kora Ayyapa and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.809
AppellantIn Re: Kora Ayyapa and anr.
Cases ReferredEmperor v. Tula Khan
Excerpt:
criminal procedure code (act v of 1898), chap. viii, sections 106, 226 and 354 - security for keeping the peace and for good behaviour--accused of an offence. - .....j.1. i have no doubt that the persons to whom bail has been refused in this case were not persons accused of an offence: there is a conflict of opinion as to whether persons in their position are accused persons within the meaning of the code, but there is no authority for the contention that they are persons accused of an offence. none is to be found in emperor v. tula khan (1908) 5 a.l.j. 318 to which the magistrate refers. the learned judges there while holding that a term of imprisonment under chapter viii may be awarded by a 'sentence' within the meaning of section 397 of the code, do not hold that it is a punishment for an 'offence'. banerji, j., expressly distinguishes the one from the other at page 342. the order refusing bail is wrong and is set aside and bail must be.....
Judgment:
ORDER

Miller, J.

1. I have no doubt that the persons to whom bail has been refused in this case were not persons accused of an offence: there is a conflict of opinion as to whether persons in their position are accused persons within the meaning of the Code, but there is no authority for the contention that they are persons accused of an offence. None is to be found in Emperor v. Tula Khan (1908) 5 A.L.J. 318 to which the Magistrate refers. The learned Judges there while holding that a term of imprisonment under Chapter VIII may be awarded by a 'sentence' within the meaning of Section 397 of the Code, do not hold that it is a punishment for an 'offence'. Banerji, J., expressly distinguishes the one from the other at page 342. The order refusing bail is wrong and is set aside and bail must be accepted if tendered.


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