Judgment Petition for bail. 2. Offences under Sections 147, 148, 302, 201 and 120(B) of IPC. 3. Petitioner is A5 in this case. 4. A1 is alleged to have had some illegal intimacy with the wife of the deceased. There were strained relationship. They are all construction workers. 5. On 24.2.2013, at a place near Kunnam Taluk in Perambalur District, A1 is alleged to have assaulted the deceased with a crow bar. The deceased sustained head injury. Subsequently, died. 6. In this connection, besides A1, several persons were arrested. One of them is A5. He is the petitioner herein. He was arrested and remanded on 26.1.2015. 7. It has been contended by the learned counsel for the petitioner that even taking the prosecution version of the case as such an offence under Section 302 of IPC is not warranted towards the petitioner because the petitioner has not participated in the killing of the deceased. At the most, without prejudice to the defence contention, he may be guilty of suppression of having not revealed the murder that he has witnessed. It may fall under Section 201 IPC and not under Section 302 IPC. Learned counsel further submitted that an offence under Section 201 IPC is bailable. 8. The learned Government Advocate would submit that petitioner is a co-accused in this case. He is aware of the murder. He has screened the offence. 9. I have considered the rival submissions. 10. Bail and jail are not benchmates. They are always antonyms. They cannot be synonyms. Jail is opposite to bail. Jail is antithesis of bail. Thus, it is jail vs. bail. One can be jailed only in accordance with law. One can be bailed as per law. 11. Chapter 33 of the Code of Criminal Procedure deals with bail matters. For the purpose of bail, offences are classified as bailable and non bailable. These offences are listed in the first schedule to the Code of Criminal Procedure. 12. The characteristic feature of a bailable offence (see Section 436 Cr.P.C) is bail is as a matter of right. Jail is exception when the accused refuses to offer bail. However, in a non bailable offence (see Sections 438, 439 Cr.P.C), bail could be granted after giving opportunity to the prosecution and also considering the relevant principles governing the grant of bail. Thus, non-bailable does not mean not bailable. 13. Jail is exception when the accused refuses to offer bail. However, in a non bailable offence (see Sections 438, 439 Cr.P.C), bail could be granted after giving opportunity to the prosecution and also considering the relevant principles governing the grant of bail. Thus, non-bailable does not mean not bailable. 13. As per Schedule I, an offence under Section 201 IPC is bailable. It is screening the offence. For this offence 'mens rea' is required. 'Mens rea' is expressed in two forms. One is having knowledge of the principal offence, namely, murder or any offence, the other one is, reason to believe that the principal offence has been committed. 14. It is screening/burking, hiding the offence. The other category is screening the offenders. There is also harbouring the criminal. 15. In Sathya vs. State {2014-1-L.W.(Crl.) 759}, a notorious criminal was murdered in Vellore and one of the assailants came running. A person took him in his bike as a pillion-rider, left him at the Vellore bus stand, thus, provided him safe passage. When the person, who so helped the criminal, in other words, screened the offender sought for bail, the learned Sessions Judge dismissed it on the ground that he is concerned in a murder case. 16. I have occasion to go deep into this matter. Sathya (supra) contains various guide lines to the learned Magistrates and learned Sessions Judges as to how to deal with such type of bailable offences. It was ruled that in such cases bail is the rule, jail is the exception. If a person wish to continue in jail, wants to be a State guest, refuses to go on bail, does not offer bail, then only bail can be dismissed, otherwise he is entitled to bail. 17. In the present case, petitioner is not a killer. He did not commit any overt act. He is alleged to have screened the offence. 18. Thus, Sathya (supra) squarely applies to the petitioner. 19. When the law on the point is very clear, when the Ist Schedule to code very clearly says that an offence under Section 201 IPC is bailable. The trial Court approached the matter as though it is a non-bailable offence. 20. Actually, in a bailable offence, it is the duty of the learned Magistrate and learned Sessions Judge to inform the accused that he is entitled to go on bail. The trial Court approached the matter as though it is a non-bailable offence. 20. Actually, in a bailable offence, it is the duty of the learned Magistrate and learned Sessions Judge to inform the accused that he is entitled to go on bail. Even if the sureties ordered is not produced with the time prescribed, the accused shall be construed as a person living in indigent circumstances and he may be released on bail on his own bond. 21. Ordered as under: (i) Bail granted; (ii) Petitioner shall execute own bond for Rs.5,000/- (Rupees Five Thousand only) to the satisfaction of the learned Judicial Magistrate, Perambalur. (iii) Petitioner shall appear before the respondent police as and when required for interrogation.