Section 448 & 506

Both the sections are bailable. 448 is house tresspass and 506 is criminal intimidation.

Thanks a lot for claring my doubts, but my lawyer says that 506 section II (Threat to life) is non bailable in coimbatore. Is it ??

Sec - 442. House-trespass.--Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit "house-trespass".

Explanation.-The introduction of any part of the criminal

trespasser's body is entering sufficient to constitute house-trespass.

Sec - 442 describes House - trespass & Sec - 448 prescribes the punishment.

 

Sec - 448. Punishment for house-trespass.- Whoever commits housetrespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

This offence is Bailable.

 

 

Sec - 506. Punishment for criminal intimidation.- Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

 

 

Part (II) If threat be to cause death or grievous hurt, etc.

If threat be to cause death or grievous hurt, etc.- and if the

threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 3*[imprisonment for life], of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with  imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Many States have carried out amendments and made Sec - 506 Part (II)a Non-Bailable offence.

 

Anees - Your lawyer is right. In Tamil Nadu it is non bailable.

Thanks a Lot. Happy to hear from you. Today we have got sign from Thasildhar & other concerned dignities. Tomorrow we are asked to come to court for bail. Let me check out tomorrows play in court and come back. Thanks a lot for your contribution.

Anees Pl. do be informed that it is not the case that one cannot get bail in case the offence is non-bailable, In the case of bailable offence, one can claim bail as of right but in case of non-bailable offence, bail cannot be claimed as of aa right ... but one has to prove that he is entitled to bail and the reasons for the same.... The Police produce the accused before the Court within 24 hrs of arrest ... the Accused or an Advocate on his behalf has to make Application for Bail before the Court ... If the Magistrate is satisfied that there is no necessity for the Accused to be in police custody/remand ... then he may grant Bail even in the cases of non-bailable offence .... it's his discretionary powers .... all depends on the facts & circumstances of the case ... there is no universal rule as to granting of Bail to an accused ... The accused on grant of Bail may have to furnish Surety or cash  in lieu of Surety depending upon the order of the Magistrate.

Ok. I understood the facts bailable and non bailable. Since days I thought that non bailable sections cannot be taken bail untill the case finishes. Now I am very clear. Now we are waiting out of court to avail bail. I am very happy that  i get more information day by day in this forum and my doubts since years was cleared by all your support. Thanks a lot. I was very much thankful to all of you. Thanks a lot. Will get back soon with the result of court.

We got bail thanks a lot.

SEC 448 is the penal provision for house trapssPAS MAX punisent 1 year and sec 506 is the penal provision for criminal intimidation max punishment is 2 years' baileale. u will get bail as a matter of right.

Dear friends, we have not suggested him to approach the court of sessions or High Court for getting an anticipatory bail!!!! You too Mr.Borbora?