Lawyers filing bail pleas sans suspects’ nod irks Madras HC

It may be noted that advocate P Thanga Prithvirajan had initially filed a bail application for Anto Varghese. Later, another advocate K Prabhakaran appeared for the petitioner in the case.
Madurai Bench of the Madras High Court.
Madurai Bench of the Madras High Court.(Photo | Express)

MADURAI: Taking a serious note on the bail petitions filed without the consent of the accused persons, due to a nexus between advocates and policemen, the Madurai Bench of the Madras High Court directed the Bar Council of Tamil Nadu and Pudhucherry, and the Director General of Police (DGP) to take a call on the issue and provide necessary instructions to their members, to preserve and maintain the dignity of the institution.

Justice B Pugalendhi, while granting bail to Tony alias Anto Varghese of Kerala in a ganja smuggling case, further said that the DGP should also find out the possibility of changing court duty constables periodically, as the continuation of the same officers on court duty may lead to the formation of a syndicate.

It may be noted that advocate P Thanga Prithvirajan had initially filed a bail application for Anto Varghese. Later, another advocate K Prabhakaran appeared for the petitioner in the case. Following this, Counsel B Santhanam Rajesh also appeared for the bail.

However, the court returned the vakalath, but later permitted Rajesh as he was the one who managed to get vakalat from the petitioner. Any form of mischief in the process of deciding anyone’s personal liberty should be prevented and the same is everyone’s responsibility in the system, the court said.

While considering the bail petition of Anto Varghese, who was arrested by Nagamalai Pudukottai police for allegedly smuggling 100kg ganja in February 2023, the court said the amicus curiae, who is a designated senior counsel, had submitted that there existed an unholy trinity between the police, court duty policemen, advocate and police inspectors (or station house officer).

“Once a person is taken into custody, the court duty police directly interacts with the relatives and others, and issue the addresses and phone numbers of some advocates. If the accused decides to choose his own advocate, then they will have to face a tough time as the case details were not provided appropriately. For instance, the inspectors will not reply to the bail petition, even if they do, the court-policemen will not produce the same before the court, stating that the inspector was busy with another case,” the court observed.

Related Stories

No stories found.

X
The New Indian Express
www.newindianexpress.com