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N.K.Assumi (Advocate)     10 March 2009

Remedy for unknown procedures adopted by magistrate:

If a Magistrate refused bail in Bailable case A PROCEDURES UNKNOWN TO LAW, should the Accused break the Police station-Jail etc or Successive bail petition before the same Magistrate? or file petition under 437 or 439 to the higher Court?


 11 Replies

V.V.RAMDAS (Advocate)     11 March 2009


In bailable offences bail has to be offered by the magistreate  but in case of refusal of bail one has to move to the higer court  under section 439. Sec 437 is meant for Non-bailable cases before the magistrat/commutal court.Breaking of Jail or police stations  will put the person in another criminal case.So it is not at all advisable to take the law into own hads. Further I would like to clarfy you that sucessive bail petion  before same magistrate with new grounds in changing circustansces has no bar.

K.C.Suresh (Advocate)     11 March 2009

Assumi, Ramdas answered the question. Still why you are breaking the jail. You are a lawyer I suppose not from Chennai HC.

N.K.Assumi (Advocate)     11 March 2009

Thank you for your valuable information? Have a hearty ,smiling and Colotful Holi. Have fun on this blessed HOLI with your loved ones.

N.K.Assumi (Advocate)     11 March 2009

Sureshji, Ofcourse not by me, but by the Accused and their loved ones and their supporters.


Sir, most unfortunate situation and serious and pathetic condition. In bailable cases, bail is refused.  What a pity.  My learned friends gave suggestions of S.439 Cr.P.C.  I also add that under Section 482 also in criminal misc.petition as well as in criminal writ petition also you can invoke the jurisdiction of the High Court, because, here the issue involved is that not only liberty of the accused charged with bailable offence but also arrongant attitude of the magistrate and his lack of sense in exercising discretionary powers.  His attitude has to be brought to the notice of higher judicial authority from where he will get promotion.



N.K.Assumi (Advocate)     11 March 2009

Thank you all of you for your learned contributions. Go out in Blaze of Glory and have fun and laugther on this Blessed Day of HOLI.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     11 March 2009

I think the query is imaginery one.  No Magistrate with sense will ever deny bail for an bailable offence.

Swami Sadashiva Brahmendra Sar (Nil)     12 March 2009

He should go to superior court. it is true that in baailable cases bail may be claimed as of right, but there may be exceptions where it may be refused. can one say that in non bailable cases, grant of bail is unknown to Law?

N.K.Assumi (Advocate)     12 March 2009

In Bailable Offence bail is a matter of right not a discreation of the Court. Refusal can lead to suit for compensation.

B.N.Rajamohamed (advocate / commissioner of oaths)     12 March 2009

nO ONE IS ABOVE LAW.If the magistrate refuses bail in bailable cases better you move the district court under section 439 Cr.P.C Some few days back our apex court has given a judgement that granting bail in bailable cases is a must.Refer that judgement also.


N.K.Assumi (Advocate)     12 March 2009

Dear All, Thank you all of you for your valuable contributions.

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