Date:15/12/2007 URL: http://www.thehindu.com/2007/12/15/stories/2007121561840700.htm

Tamil Nadu

Cancellation of bail granted to six persons set aside

Special Correspondent

“No new circumstance cited subsequent to the grant of bail”
Reasons given by Sessions Judge not justifiable, says Judge

CHENNAI: The Madras High Court has set aside the cancellation of bail granted to six persons, including a district secretary and former MP of the AIADMK, in connection with an assault case.

Holding that the Nagapattinam sessions court had erred in cancelling the bail on untenable grounds, Justice K. Mohan Ram said: “Only when a person, to whom bail has been granted, either tries to interfere with the course of justice or attempts to tamper with evidence or witnesses or threatens witnesses or indulges in similar activities, which would hamper smooth investigation or trial, bail granted can be cancelled.”

The six persons, including R. Kamaraj, were arrested for their suspected involvement in the assault incident on October 1.

After their arrest on October 2, the Sessions Court granted them bail on October 5.

However, the court cancelled the bail on October 8.

While counsel for the accused said the police sought cancellation of bail as an after-thought, the prosecution said the petitioners were likely to hamper investigation as they had already won over a defacto complainant.

Mr. Justice Mohan Ram, holding that the Sessions Judge had committed a “basic error” in cancelling the bail already granted, said the impugned order had not cited any new circumstance that had cropped up subsequent to the grant of bail.

“Therefore, the reasons given by the Sessions Judge cannot be considered to be justifiable reasons for cancelling the bail. But, such reasons could have been justifiable reasons for cancelling the bail if the State had preferred application under Section 439 (2) of the Code of Criminal Procedure before the High Court, and placed the said reasons before the High Court.”