similar to sub section
(5) of Section 437 of the Code over cancellation
of bail granted under that section in Section 436
of the Code ... bail under
section 439(2) of the Code a person arrested and
released on bail under sub section (1) of Section
436 of the Code
appeared before the learned Magistrate and they were granted bail under Section 436 of the IPC on 18/1/2003. The de facto complainant ... report was filed initially only to facilitate the petitioners getting bail under Section 436 of the Cr.P.C. on their surrender before the learned
remedies by approaching
the competent criminal court concerned by seeking bail under Sec.436
of the Cr.P.C. for grant of bail in cases ... move the competent court
concerned (viz., Special Court concerned) for bail as per Sec.436 of
the Cr.P.C, which is for bailable offences
right under Section
436 (1) Cr.P.C. Section 496 of the Code of Criminal Procedure,
1898 corresponds to Section 436 of the Code ... similar to sub-
section (2) of Section 436 of the 1973 Code was not available. Sub
section (2) of Section 436 is enacted with
anticipatory bail under Section 438 of the
Criminal Procedure Code and the remedy of the petitioner is to move for
bail under Section 436 ... Magistrate Court,
Bail Appl..No.8274 OF 2019
4
Mattanchery, who is dealing with the instant case for bail under Section
436 of the Criminal
confinement to release him on bail or on his own bond. Under Sub-section (2) of the section the power conferred on an appellate court ... those reasons could be is not specified in the section. Section 436 deals with bail in bailable offences. Section 437 deals with bail in case
made
triable by a Special Court, in terms of Section 36 A(1)
(a) of the Act, if it is "punishable with imprisonment ... different.
18. It follows that the petitioner is entitled for bail under
Section 436 Cr.P.C itself, the offence alleged against him being
bailable
against the petitioners are bailable.
19. The right to claim bail under Section 436(1) of the
Code in a bailable offence is an absolute ... term as to
bail and therefore cannot be imposed by a
magistrate under Section 436 of the Code. The
condition imposed is illegal
right-is conditioned by the stipulation in Section 436(2) which entitled the court to refuse bail to such a person if he does ... clearly reflected in Section 436(2) . Even when the offence is bailable, bail can be refused if conditions of bail are violated. If that
under
Section 436 of the Code of Criminal Procedure.
6. Section 436 of the Code reads as follows:-
436--In what cases Bail ... that nothing in this section shall be
deemed to affect the provisions of sub-section (3) of
section 116 [or section 446A
