Release of accused on bail

THE HONOURABLE SRI JUSTICE BILAL NAZKI THE HONOURABLE MR. V. ESWARAIAH MR G. Pedda Babu
:JUDGMENT: (Per Hon'ble Mr. Justice Bilal Nazki)
This writ petition has been filed by a practising advocate of this Court in public interest. He wants that Section 19 of the Prevention of Corruption Act, 1988 (for short "the Act") be declared as unconstitutional and violative of Articles 14 and 21 of the Constitution of India. He also wants a direction against the 1st respondent and his subordinate officers that they should not release the public servants who are arrested for commission of offences under Sections 7, 10, 11 and 13 (e)
of the Act on their executing personal bonds and it is violative of Article 14 of the Constitution of India. Counter has been filed. We have heard the learned counsel for the parties. The challenge to Section 19 of the Act has not been seriously advocated and in fact, no arguments were addressed on this count. Section 19 of the Act lays down that in case of prosecution under the Act against public servant, previous sanction of the competent authority mentioned in the provision would be necessary.We are not at present dealing with the challenge to Section 19 of the Act because of the reasons given hereinabove. However, the learned counsel for the petitioner has vehemently argued that when accused persons are arrested for commission of offences under Sections 7, 10, 11 and 13 (e) of the Act, the concerned police officers are bailing them out on their execution of personal bonds which is not permissible under law. This has not been denied in the counter affidavit. However, it is submitted that the powers exercised by any police officer in releasing the accused persons arrested have been provided under the provisions of sub-sections (2) and (4) of Section 437 of the Code of Criminal Procedure (for short "Code"). It was contended by the learned counsel for the respondents that the purpose of the Section 437 of the Code was to enable the police officer as well as Courts to release any person accused or suspected of commission of any non-bailable offence whenever they were arrested or detained without warrant or appeared or brought before a Court. The whole arguments revolve around the interpretation to be placed on Section 437 of the Code. Section 437 of the Code lays down,
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