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Issues: Whether the word "may" in Section 88 of the Code of Criminal Procedure, 1973 makes the power to take a bond for appearance mandatory or discretionary, and whether a person who is already subject to summons, non-bailable warrant, and proceedings under Sections 82 and 83 of the Code is entitled as of right to be released on bond under that provision.
Analysis: Section 88 is an enabling provision in Chapter VI of the Code. The word "may" ordinarily denotes discretion and is construed as mandatory only where the statutory context shows a power coupled with duty. The provision does not confer a right on any person present in court; rather, it empowers the court to secure appearance by requiring a bond where the circumstances so demand. The Court distinguished authorities where discretion was held to be coupled with duty and relied on the structure and purpose of Section 88 to hold that the provision is not intended to create an automatic entitlement. Since the appellant had already been subjected to non-bailable warrant and proceedings under Sections 82 and 83, he could not be treated as a free agent entitled to insist on release under Section 88.
Conclusion: Section 88 is discretionary, not mandatory, and the appellant was not entitled as a matter of right to be released on acceptance of bond.
Ratio Decidendi: The power under Section 88 of the Code of Criminal Procedure, 1973 is an enabling judicial discretion to secure appearance, and it becomes mandatory only where the statute clearly couples the power with a duty; it does not create an enforceable right to release on bond in every case.
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