A. M. FAROOQ, J. ( 1 ) PETITIONERS are two of the accused in crime No. 99 of 1996 of vidyaranyapura police station, Bangalore registered for offence punishable under sections 143, 147, 448, 427, 504, 506 read with Section 149, Indian Penal Code. The petitioners voluntarily surrendered before the learned chief metropolitan magistrate and sought bail under Section 436, Criminal Procedure Code, since all the offences alleged against them are bailable offences. The learned magistrate accepted the surrender of the petitioners and on consideration of the application filed by them under Section 436, Criminal Procedure Code, they were released on bail by his order dated 25-6-1996. While passing the Order, the learned magistrate has imposed certain conditions and one of the conditions is that they shall appear before the investigating officer once in three days for a period of three months from the next day of passing of the order. Further the petitioners were also directed not to tamper with prosecution witnesses and that they should not leave the jurisdiction of the court till the completion of the investigation without the prior permission of the investigating officer. In this petition, the petitioners have made a prayer to relax the conditions imposed on them directing them to appear before the investigating officer once in three days for a period of 3 months. ( 2 ) THE state has filed objections for relaxation of the conditions. I have heard the learned counsel for the petitioners and also the learned high court government pleader for the state. ( 3 ) SRI hasmath pasha, learned counsel appearing for the petitioners contended that the offences alleged against the petitioners in the case are all bailable offences and as a matter of right the petitioners are entitled to be released on bail. It is submitted that when the court released the petitioners on bail under Section 436, Cr. P. C. , the court releasing them on bail cannot impose conditions other than directing furnishing of surety to ensure the attendance of the accused. The learned counsel has relied upon the judgment in the case of kota appalakonda and others. The division bench of the Madras High Court in the said judgment where the petitioner therein was released on bail for bailable offence, considering whether any conditions can be imposed while releasing the persons on bail under Section 496, Cr. The learned counsel has relied upon the judgment in the case of kota appalakonda and others. The division bench of the Madras High Court in the said judgment where the petitioner therein was released on bail for bailable offence, considering whether any conditions can be imposed while releasing the persons on bail under Section 496, Cr. P. C. of 1986, which is now Section 436, Cr. P. C. , held that with regard to non-bailable offence, the magistrate has an option to grant bail or refuse the bail and he has also power to impose conditions. But with regard to bailable offence, a magistrate has no discretion and in such case, the magistrate must release the accused persons on bail provided that he is willing to execute bonds for his appearance. It is also held that if the magistrate imposes extraneous conditions like directing the accused not to enter the disputed land, it would mean that if the condition were not fulfilled, he would have to refuse bail, but that is not permitted under the Provisions of Section 496, Cr. P. C. , which is equivalent to Section 436 of the present code. In the said case, their lordships did not upheld the condition imposed by the magistrate other than the one directing him to execute bond and furnishing a surety. In another case district magistrate of vizagapatam, referring officer, the Madras high court has held that in bailable offences, there is no question of discretion in granting bail as the words of Section 496 (present Section 436 of the code) are imperative. The only choice for the court is as between taking a simple recognizance of the principal offender or demanding security with surety. The criminal court has no discretion in bailable offence while granting bail to impose any condition except demanding of security with surety. Sections 436 to 439 of the Code of Criminal Procedure, 1973 reads as follows:"436. The only choice for the court is as between taking a simple recognizance of the principal offender or demanding security with surety. The criminal court has no discretion in bailable offence while granting bail to impose any condition except demanding of security with surety. Sections 436 to 439 of the Code of Criminal Procedure, 1973 reads as follows:"436. (1) when any person other than a person accused of non-bailable offences is arrested or detained without warrant by an officer in-charge of a police station or appears or is brought before a court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such court to give bail, such person shall be released on bail: provided that such officer or court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided: provided further that nothing in this Section shall be deemed to affect Provisions of sub-section (3) of Section 116 or Section 446-a". (2) notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the court or is brought in custody and any such refusal shall be without prejudice to the powers of the court to call upon any person bound by such bond to pay the penalty thereof under Section 446. ( 4 ) (1) when any person accused of, or suspected of,the commission of any non-bailable offence is arrested or detained without warrant by an officer in-charge of a police station or appears or is brought before a court other than the high court or court of session, he may be released on bail, but, (I) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; (II) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more, or he had been previously convicted on two or more occasions of a non-bailable and cognizable offence: provided that the court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm: provided further that the court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason: provided also that the mere fact that an accused person, may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the court. (2) if it appears to such officer or court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, (the accused shall, subject to the Provisions of Section 446-a and pending such inquiry, be released on bail) or, at the discretion of such officer or court, on the execution by him of a bond without sureties for his appearance as hereinafter provided. (3) when a person accused or suspected of the commission of an offence punishable with imprisonment which may extent to seven years or more or of an offence under chapter vi, chapter xvi or chapter xvii of the Indian Penal Code or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1), the court may impose any condition which the court considers necessary, (A) in order to ensure that such person shall attend in accordance with the conditions of the bond executed under this chapter; or (B) in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected; or (C) otherwise in the interests of justice. (4) an officer or a court releasing any person on bail under sub-section (1) or sub-section (2), shall record in writing his or its reasons (or special reasons) for so doing. (5) any court which has released a person on bail under sub-section (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. (6) if, in any case triable by a magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the magistrate, unless for reasons to be recorded in writing, the magistrate otherwise directs. (7) if, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered. 438. 438. (1) when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the high court or the court of session for a direction under this section; and that court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. (2) when the high court or the court of session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including, (I) a condition that the person shall make himself available for interrogation by a police officer as and when required; (II) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (III) a condition that the person shall not leave india without the previous permission of the court; (IV) such other condition as may be imposed under sub-section (3) of Section 437, as if the bail were granted under that section. (3) if such person is thereafter arrested without warrant by an officer in-charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a magistrate taking cognizance of such offence decided that a warrant should issue in the first instance against the person, he shall issue a bailable warrant in conformity with the direction of the court under sub-section (1 ). 439. 439. (1) a high court or court of session may direct, (a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of Section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section; (B) that any condition imposed by a magistrate when releasing any person on bail be set aside or modified: provided that the high court or the court of session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the court of session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the public prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice. (2) a high court or court of session may direct that any person who has been released on bail under this chapter be arrested and commit him to custody". it could be seen from the above Provisions that under Section436 (1) when any person accused of a bailable offence is arrested or detained without warrant by an officer in-charge of a police station or appears or brought before a court and is prepared at any time or at any stage of the proceedings before such court to give surety, such person shall be released on bail. Sub-section (3) of Section 437 itself specifically mentions that conditions may be imposed in such case, which are mentioned in the said sub-section. Even under Section 439 (l) (a) and (b) the conditions imposed by the magistrate under Section 437 (3) can be modified by the high court or the sessions court. The wordings of the three sections make it clear that under Section 436 of the Code of Criminal Procedure, there is no discretion left to the court to impose a condition while releasing a person on bail when he is accused of a bailable offence. I am in respectful agreement with the judgments cited above of the Madras High Court. I, therefore, hold that the conditions imposed by the learned magistrate while granting bail to the petitioners are without jurisdiction and they are accordingly set aside except releasing the petitioners on bail on their executing a personal bond for Rs. I am in respectful agreement with the judgments cited above of the Madras High Court. I, therefore, hold that the conditions imposed by the learned magistrate while granting bail to the petitioners are without jurisdiction and they are accordingly set aside except releasing the petitioners on bail on their executing a personal bond for Rs. 10,000/- each with one surety for like sum for their appearance. --- *** --- .