SURAJA.J vs ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP

This writ of habeas corpus has been filed by the mother of

Manu.S, who has been detained in Crime No.2/2017 of Kalpeni

Island Police Station alleging offences under Sections 3(a), (b), (f),

(g), (k) and 7(a) of Lakshadweep Prohibition Regulation, 1979

along with Section 34 of the Indian Penal Code. Along with him,

Jose.G, Sarath Kumar.R and Shiju were also arrested and

detained. Petitioner submits that, earlier an application was filed

before this Court seeking bail which was dismissed by order dated

28/07/2017. On the same day, an application for bail was filed

before the learned Chief Judicial Magistrate, Lakshadweep and

Amini Islands. The learned Magistrate, having observed that the

offences are bailable, direction was issued to grant bail by

executing a bond for Rs.5,000/- each with two solvent sureties

before the Station House Officer, Kalpeni Island police station.

Ext.P3 is the said order. The complaint of the petitioner is that

despite producing Ext.P3, the Station House Officer had not

permitted the accused and sureties to execute the bond, as

directed by the Chief Judicial Magistrate and even today, they are

being detained illegally.

The learned Standing Counsel appearing for the

respondents submits that the main contention urged by the

Administration was that the offences alleged were non-bailable.

This fact was taken note of by this Court while disposing of the

bail application filed before this Court. It is, without disclosing the

said fact, that the accused have approached the learned Chief

Judicial Magistrate and sought for bail. The learned Magistrate

observed that the offences being bailable, the accused are to be

released on executing necessary bond. It is further submitted

that the Chief Judicial Magistrate had extended the remand and

they are now taken from Kalpeni Island to Amini Island where

there is a Sub Jail and they are right now in transit.

Be that as it may, when an order is passed by the Chief

Judicial Magistrate granting bail, the Station House Officer is

bound to comply with the directions issued and release the

accused on the bond being executed, as stated in the order. If

there is any illegality or irregularity in the order passed, it is

always open for the prosecution to seek modification of the order

or to challenge the order in appropriate proceedings. But, if the

direction issued by the Chief Judicial Magistrate is not complied

with and the accused are not permitted to execute the bond and

the sureties are also prevented from providing the bond, the

detention becomes illegal and this Court will be justified in issuing

a direction to produce the accused before this Court.

Having regard to the aforesaid factual situation, this

writ petition is disposed of as under:

i) The accused and the sureties of the accused shall be

permitted to execute bond today itself and on execution of such

bond, necessary intimation shall be issued to release the accused

from judicial custody.

ii) A report to that effect shall be filed by the respondents

before the Chief Judicial Magistrate along with a copy of this

order.

Learned Standing Counsel shall communicate this judgment

to the respondents.