In an unusual move, the Madras High Court has summoned a principal sessions judge from Kallakurichi to provide an explanation regarding the granting of anticipatory bail to an accused individual in an attempted murder case. Justice P. Velmurugan issued the order after the High Court was informed that the sessions court had granted bail to the accused even before the victim was discharged from the hospital where she was receiving treatment for injuries sustained during the attack.
The case originates from a plea filed by S. Lakshmi Bala, a resident of Villupuram. She lodged a complaint with the Sankarapuram police station, alleging that Azhivalagi, the president of S. Sellampattu panchayat, along with her husband and others, unlawfully entered her home with the intention of seizing her land and subsequently assaulted her and her son. Dissatisfied with the lack of action on her complaint, Lakshmi Bala petitioned the High Court to transfer the investigation to a different agency.
During a hearing, the petitioner's advocate pointed out that the prosecutor had previously stated that the complainant, who was injured in the assault, was discharged from the hospital on July 3. Relying on this information, the Kallakurichi principal sessions court granted anticipatory bail to the accused. However, the complainant asserted that she was not discharged from the hospital until July 9.
The Director of Prosecution appeared before the High Court and clarified that the prosecution's information to the sessions court regarding the victim's discharge date of July 3 was based solely on information provided by the investigating officer. The government prosecutor reiterated this point.
After considering the submissions, Justice Velmurugan directed Irusan Poonguzhali, the principal sessions judge of Kallakurichi, to appear before the court on July 28, along with all relevant documents, to explain the decision to grant anticipatory bail to the accused in the case.
This move by the Madras High Court underscores the importance of accurate information in judicial proceedings, especially concerning bail decisions in serious criminal cases. It also highlights the judiciary's commitment to ensuring accountability and transparency in the administration of justice. The High Court's intervention seeks to clarify the circumstances surrounding the bail order and to ascertain whether the sessions court was misled or acted on incomplete or inaccurate information. The outcome of the hearing on July 28 could have significant implications for the case and may lead to further directives from the High Court.