MADURAI: The Madurai Bench of the Madras High Court on Wednesday adjourned the anticipatory bail petition filed by former Inspector General of Police (IGP) of the Idol Wing AG Ponn Manickavel in a case booked against him by the Central Bureau of Investigation (CBI).
Justice D Bharatha Chakravarthy was hearing the case. According to the FIR, the Central Bureau of Investigation in Delhi had registered the case in compliance with a Madras High Court order to conduct a preliminary enquiry against Manickavel, who was accused of falsely implicating I Kader Batcha, the petitioner in the Madras High Court case and former deputy superintendent of police, in a criminal case and had framed documents by creating false statements.
Manickavel’s counsel submitted that the CBI has no authority to take cognizance of the complaint because the court had directed the Central Bureau of Investigation to take cognizance of the case and conduct a preliminary enquiry through an officer, not below the rank of DIG, to be appointed by the director of the CBI.
In case the investigating officer found a concoction of facts and falsification of evidence, then a report should be filed before the additional chief judicial magistrate court in Kumbakonam.
The FIR has no mention of the report filed by the officer. Moreover, the FIR was registered by the superintendent of police and empowered an additional superintendent of police to take up the investigation.
The trial court, based on the report filed by the investigating officer, can only decide whether to register FIR or not. Hence the entire proceedings, including the search and seizure of properties at his house, are illegal and malicious, Manickavel’s counsel submitted.
Hearing the arguments, the court adjourned the case to Thursday.