Flaying the way in which Magistrate Courts deal with cases of granting and rejecting bail pleas, the Madras High Court today said "mechanical and blindfolded orders always militates against the basic, fundamental freedom guaranteed to citizens in Article 21, of the constitution.
Justice P Devadass, who granted bail to an accused charged under IPC section 212 r/w 302(aiding/helping a person involved in crime and 302 (murder) while referring to rejection of bail to him by the Principle Sessions Judge, Vellore, in his order said the sessions judge "seems to have frightened" because cases were charged under section 212 IPC r/w section 302."
"The sessions judge should be carried away only by the language of the law. For him the only guidance is law and nothing more than that and he is expected to administer justice only in accordance with law", Justice Devadass said.
The case pertains to one Sathya who was arrayed as 7th accused in the murder of one G G Ramesh April 19 last year at Vellore.
According to prosecution, Sathya carried Sasi alias Sasikumar, another accused in the case in his bike and helped him to escape.
Sathya is in jail since February 17 this year.
His bail plea before the Principal Sessions Judge, Vellore was dismissed, following which he moved the High Court.
