The Madras High Court Friday dismissed a petition filed by a police Inspector seeking to cancel the bail granted to PMK leader S Ramadoss by a lower court.
Declining to interfere with the order passed by Judicial Magistrate-I of Villupuram on May 3 last year granting bail to Ramadoss, Justice S Nagamuthu said for cancellation of bail, very strong grounds have to be made out.
"Here in this case cancellation is sought for on the basis that without giving sufficient opportunity to Assistant Public Prosecutor, bail was granted by the Magistrate. I do not find anything imperfect in the order of the Magistrate warranting interference at the hands of this court," the judge said.
The above case pertains to the arrest of Ramadass when he along with his party workers attempted to stage a demonstration in front of Villupuram Railway Station on April 30 last against the arrest of PMK activists who were allegedly involved in a clash in the eve of 'Chithirai Thiruvizha' function organised by the youth Wing of the PMK Party at Mamallapuram on April 25.
The Public Prosecutor, who appeared before Justice S Nagamuthu, submitted that the offenses said to have been committed by Ramadoss and others are grave in nature.
He further submitted that the Magistrate without regarding the serious nature of the offences granted the bail.
The Judge in his order said the Magistrate had the benefit of hearing of Assistant Public Prosecutor (APP) and had the benefit of perusing of material records before passing the order of remand.
Simultaneously bail application was filed and the Assistant Public Prosecutor could have used the opportunity and made the submissions but the APP sought time.
The judge said at times courts had conceded to such request of APP for time to get instructions. But such a practice cannot be employed as a ploy to drag on proceedings and keep a person in prison by putting his personal liberty in Peril. APP should not have sought for time and should have argued the case.
The Judge further said "because the APP is not heard no prejudice appears to have been caused."
The Magistrate has considered all the materials placed before him and granted the bail, the judge said, dismissing the petition seeking cancellation of bail filed by Villupurum Town Police Station Inspector.