279 of ipc

R Karthikeyan (Querist) 25 May 2012 This query is : Resolved
In Coimbatore, police has charged and remanded the drunken drive persons under 279 of IPC. As per the 279 IPC, it is bailable, moreover, the police official can release on bail for collecting the proof of documents with applicable fine etc but they have produced in court and remanded number of persons for last 3 days. Shall I go for writ against this ultravires.....

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SAINATH DEVALLA (Expert) 25 May 2012
Dear Karthikeyan,

Section 279. Rash driving or riding on a public way
Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

adv. rajeev ( rajoo ) (Expert) 25 May 2012
It is bailable offence, accused cannot be remanded, if he is ready provide surety.

Adv.R.P.Chugh (Expert) 25 May 2012
In a bailable offence - bail is a matter of right and P.O or even magistrate can't refuse (except in the special situation where bail broken in the past).

you have a good cause of action for a writ of mandamus - seeking the release of person on bail as such custody is grossly violative of their fundamental rights to life and personal liberty.

Nadeem Qureshi (Expert) 25 May 2012
Dear Querist
it is illegal detention , you can file a Writ of Mandamus, before HC OR SC as you think fit.
Feel free to call