2010 (4) TMI 1207 - HC - Indian Laws

Summary

Issues Involved:
1. Whether the offence u/s 506(i) of IPC is bailable or non-bailable in the State of Tamil Nadu.
2. Validity of the Notification issued by the Government of Tamil Nadu declaring the offence u/s 506(i) of IPC as non-bailable.

Summary:

Issue 1: Whether the offence u/s 506(i) of IPC is bailable or non-bailable in the State of Tamil Nadu.

The court examined the classification of the offence u/s 506(i) of IPC under different legal frameworks. Initially, u/s 506(i) of IPC was bailable under the Code of Criminal Procedure, 1898. However, the Criminal Law Amendment Act, 1932 empowered the State Government to declare certain offences as cognizable and non-bailable. The Government of Tamil Nadu issued a notification in 1970 declaring offences u/s 506(ii) of IPC as non-bailable. The confusion arose with the introduction of the Code of Criminal Procedure, 1973, which again classified the offence u/s 506(i) of IPC as bailable. The court concluded that the notification under the Criminal Law Amendment Act, 1932, continues to hold statutory force, making the offence u/s 506(i) of IPC non-bailable in Tamil Nadu.

Issue 2: Validity of the Notification issued by the Government of Tamil Nadu declaring the offence u/s 506(i) of IPC as non-bailable.

The court reviewed conflicting judgments from various High Courts. The Delhi High Court in Sant Ram v. Delhi State and Narendra Kumar v. State upheld the validity of similar notifications, while the Allahabad High Court in Virendra Singh v. State of U.P. declared such notifications illegal post the enactment of the Code of Criminal Procedure, 1973. The Gujarat High Court in Vinod Rao v. State of Gujarat supported the continuity of such notifications under the new Code. The Madras High Court, acknowledging these conflicting views and the unresolved status from a previous Division Bench decision in K.M. Sundaram v. Inspector General of Police, decided to refer the matter to a Division Bench for a definitive ruling.

Interim Order:

Pending the Division Bench's decision, the court granted interim anticipatory bail to the petitioners, ordering their release on executing a bond for Rs. 10,000 with two sureties, and directed them to be available for police interrogation as required. The Registry was instructed to place the petitions before the Chief Justice for referral to a Division Bench to address the validity of the 1970 notification and the bailability of the offence u/s 506(i) of IPC in Tamil Nadu.