A Person Arrested By Police Entitled To Move For Bail Though He Was Not Produced Before Magistrate : Karnataka HC [Read Order]

Observing that "It goes without saying that if a person is arrested and not produced before the jurisdictional Court, he is entitled to maintain a petition under Section 437 Cr.P.C. before the Magistrate," the Karnataka High Court directed a magistrate to entertain a bail plea and pass appropriate orders as per law.

Sai Ramakrishna, was arrested by Kerala Police within the jurisdiction of Sampige Halli Police. The information of his arrest was given to VII Additional Chief Metropolitan Magistrate, Bengaluru. The transit order was also sought by the Police. In the meantime, as the accused was suffering from illness, he was admitted to Jayadeva hospital and presently he is in ICU. In this context an application under Section 437 Cr.P.C. was made before the jurisdictional Magistrate.

The counsel for the petitioner informed the court that the Magistrate has not passed any orders on the application on merits, but, simply he has disposed of the said application stating that he has no jurisdiction to pass any orders under Section 437 Cr.P.C. and refused to entertain the application filed by the accused on the ground that the accused was not actually produced before him.

The point before the court was whether, the Magistrate has got jurisdiction to pass orders under Section 437 Cr.P.C. or not, considering the merits of the petition.

Justice K N Phaneendra relying on the order passed in another case with similar facts said "The learned Magistrate has got absolute jurisdiction to entertain an application under Section 437 Cr.P.C."

Further it said that "There is no need of actual production of the accused before the jurisdictional court seeking bail under Section 437 of CrPC. "

Therefore, under the above circumstances, non-passing of orders on the merits of the application filed under Section 437 Cr.P.C. by the learned Magistrate is erroneous.

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