KOCHI: The Kerala High Court decided not to issue notice for bail cancellation to businessman Boby Chemmanur after considering the lawyers' submission that he is ready to tender an unconditional apology if required.
When the case was taken up in the afternoon session the lawyers submitted that the accused commented without any intention. On coming to know about the criticism on the part of the court, he expressed his willingness to give an unconditional apology if required. The court accepted that and did not pass any order.
In the morning session, Justice PV Kunhikrishnan, who granted bail to the accused, heavily criticised Boby Chemanur for continuing to remain in jail despite being granted bail in the sexual harassment case registered based on the complaint by an actress.
Justice Kunhikrishnan observed "I verified that the order was uploaded at 4:08 pm on Tuesday. I verified with the principal district judge. The release order was also issued by 4.45 pm. Are there any technical problems? If not,why he stay there?"
There were reports that Boby Chemmanur remained in jail to show solidarity with other remand prisoners whose release was delayed for various reasons.
The court cautioned the counsel for Boby Chemmanur that "You need not take the 'Vakalat' of remand prisoners. The judiciary and High Court are there to protect the interests of the remand prisoners. Don't play any drama with the Court. If I can release an accused, I know how to cancel the bail," said the court.
The court added that he's playing with the High Court, and when an order is there, he keeps it in his pocket. He wants media attention for his release and is creating stories. "Why not issue an order canceling his bail? If you are not coming out of jail before 1 pm, I will cancel his bail," said Justice Kunjikrishnan during the morning session.
The Government Pleader told the Court that no release order was submitted to the jail authorities until 7 PM on Tuesday. The release order was issued by the Court around 4 PM. The jail authorities waited for up to 7pm on Tuesday. But they didn't produce the release.
The court said that he thought nobody was above him. "I will ask the police to arrest him again," observed the court.