Whether accused released on bail can be directed to undergo medical examination?

Person released on bail is still considered to be detained in the constructive custody of the Court through his surety. He has to appear before the Court whenever required or directed. Therefore, to that extent, his liberty is objected to restraint. He is nationally in the custody of the Court and Hence continues to be a person arrested. Even in spite of the fact that the accused had been released on bail, he continues to be a person arrested on a charge of commission of an offence and, therefore, his medical examination can be carried out under S. 53 of the Code. Thus, a person who is released on bail in the event of arrest, also cannot challenge this concept in view of the observations of the Supreme Court in Balchand Jain v. State of M.P., AIR 1977 SC 366 : (1977 Cri LJ 225) and Gurbaksh Sigh v. State of Punjab, extracted earlier.

Madras High Court

Thaniel Victor vs State on 15 March, 1990

Equivalent citations: 1991 CriLJ 2416

Bench: T Arunachalam

Print Page