[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-III

Q.11 The default period applicable for the offence is 60 days. The accused is arrested on 02-09-2012. He is remanded to judicial custody on 03-09-2012. The Charge sheet is filed on 02-11-2012. If Rule 22 of the Kerala Criminal Rules of Practice were to be applied then the charge sheet will be deemed to have been files on the 61st day. How is the period to be computed ? Is the charge sheet...

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-II

Q.6 Is a Magistrate or a Special Judge obliged to release an accused on default bail (compulsive bail) under the proviso to Sec. 167 (2) Cr.P.C. in a case involving a cognizable offence under the Customs Act, 1962 where the arrest and production before Court were made by a Customs Officer who is not a police officer ?Ans. Yes. Although, applying the tests laid down by the Supreme Court,...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-I]

Q.1 What is a confession ?Ans. A confession is an admission of the offence by the accused. An admission is a statement, oral or documentary which enables the Court to draw an inference as to any fact in issue or relevant fact. There is a clear distinction between “admission” and “confession”. The term “admission” is of wider connotation and can be used to include a confession....

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I

Q.1 Has the accused an indefeasible right to “compulsive bail” i.e. “default bail” under the proviso to Section 167 (2) Cr.P.C. on the expiry of the period of 90 days or 60 days whichever is applicable?Ans. Yes. At that stage, even without examination of the case on merits, the accused is entitled to and the Court is bound to grant default bail to the accused. See –Hitendra...

[BAIL] Questions & Answers By Justice V. Ramkumar-Cancellation Of Bail-PART-III

Q.11 In a case where the court is convinced from the Attendance Register maintained by the SHO that the accused has violated the bail condition regarding reporting before the Police, is it necessary to give notice and an opportunity of being heard to the accused before his bail is cancelled?Ans. Yes. The accused cannot be condemned unheard. He may have valid explanation to be offered for...

[BAIL] Questions & Answers By Justice V. Ramkumar-Cancellation Of Bail-PART-II

Q.6 Can the default bail granted by the Magistrate under Section 167 (2) Cr.P.C be cancelled and if so, what is the provision for cancellation ?Ans. Every person released on default bail granted by the Magistrate under Section 167 (2) Cr.P.C. is, by virtue of the last portion of paragraph (a) of the proviso to Section 167 (2) Cr.P.C., deemed to be released under Chapter XXXIII. So, such...

[BAIL] Questions & Answers By Justice V. Ramkumar-Cancellation Of Bail-PART-I

Q.1 Is there any specific provision in the Cr.P.C for cancellation of bail?Ans. No. But Section 437 (5) is the provision understood as the provision enabling a Magistrate for cancellation of bail granted by the Magistrate in respect of a non-bailable offence. Similarly, Section 439 (2) is the provision understood as locating the power of the Sessions Judge and the High Court for cancelling...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-IX

Q.41 Is it permissible to keep a child in conflict with law be kept in jail or police lockup under any circumstance ?Ans. No. A child in conflict with law cannot be kept in jail or in a police lockup under any circumstance and has to be kept in an “observation home” or any other place of safety. All the Juvenile Justice Boards (“JJB” for short) in the country must follow the letter...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VIII

Q.36 Why not during these “corona lockdown” days impose a mandatory bail condition to download Arogya Setu App and keep the applicant’s GPS and Bluetooth open?Ans. No. Such a condition imposed by an Additional Sessions Judge in the Patiala House Court Complex, New Delhi has been frowned upon and disapproved.Q.37 The defense lawyer argues that unless the accused is released on bail, he...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VII

Q.31 Is an Officer-in-charge of a Police station empowered to grant bail in a non-bailable offence under Section 437 Cr.P.C.?Ans. Yes. Except in the cases covered by Clauses (i) and (ii) of Section 437 (1) Cr.P.C. the SHO also can grant bail in a non-bailable offence. (Vide Section 437(1), (2) and (4).Q.32 Is not an officer-in-charge of a Police station also empowered to grant bail...

Questions & Answers By Justice V. Ramkumar- Investigation By Police- PART XXV

Q.121 When does trial start in a “warrant case” and a “sessions case”?Ans.· The following are the provisions in the Cr.P.C. pertaining to the framing of charge in warrant and sessions trial:-Warrant - Sec. 240 (police charge case)- Sec. 246 (complaint case)Sessions - Sec. 228· In paragraph 28 of Ratilal Bhanji Mithani v. State of Maharashtra – (1979) 2 SCC 179 = AIR 1979 SC...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VI

Q.26 Is the requirement in the bail order and in the bail bond in a bailable offence that the accused should attend the court at the time and place specified therein, a bail condition ?Ans. A reading of Section 436(2) Cr.P.C. would indicate that it is a condition. But in Azeez v. State 1984 KLT 437 – U. L. Bhat – J, it has been held that it is only a term as to bail. If there is...