The right to bail in a bailable offence is an absolute and indefeasible right of the accused, the Madras HC has observed. Neither the Magistrate nor the police officer who had arrested the accused had any power to deny bail, provided the accused was prepared to execute bond and also to produce sureties, Justice S Nagamuthu said.
The judge was quashing an order of the XVI Metropolitan Magistrate, George Town, rejecting Paramesw- aran’s bail plea and remitted the matter back to the Magistrate for quick disposal. Petitioner, a PT teacher, was arrested in connection with the death of a school boy during play period. A case was registered under section 174 of Cr.PC During the course of investigation, it came to light that the death was due to the physical assault made by a juvenile accused. It also came to light that Parameswaran, who was supposed to monitor the students in the play ground, was not available and the said act amounted to an offence punishable under section 304 (A) (causing death by negligence) of the IPC.
Parameswaran was arrested on July 27, 2012 and when he was produced before the XVI MM for remand, he filed a bail petition since the offence under Sec 304 (A) was a bailable one. However, the magistrate rejected the plea. Justice Nagamuthu said the right to life was a very precious fundamental right guaranteed under Art 21 of the Constitution.
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