MADURAI: The Madurai Bench of the Madras High Court has pulled up an Additional District Judge at Tiruchi for granting bail to a Dravida Munnetra Kazhagam functionary in a caste clash case without enquiring into the veracity of the statements made by the investigating officer.
Cancelling the bail granted within nine days of the clash in which a Dalit was killed at Somarasampettai in Tiruchi district on July 29, Justice G. Rajasuria said: “The learned Sessions Judge by applying common sense theory could have thought over the matter in a pragmatic way.”
In her bail cancellation petition filed before the Bench, P. Umarani, wife of the deceased N. Purushottaman, said that a gang led by a ruling party functionary Palaniandi and his two brothers killed her husband during a group clash between caste Hindus and Dalits.
The Jeeyapuram Division Deputy Superintendent of Police registered a case under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and other provisions of the Indian Penal Code.
Subsequently, when the prime accused, Palaniandi, moved a bail application before the lower court, the DSP filed a “false” written statement claiming that the wife of the deceased and yet another eye witness in the case had retracted the allegations levelled against the accused.
The lower court too granted bail by relying upon the written statement, the petitioner said.
After perusing the records, Justice Rajasuria said: “A mere perusal of the (bail) order would demonstrate that the learned Sessions Judge was simply carried away by the written submissions… he ought to have probed into the matter in detail. Normally, in a murder case, while considering the bail application filed within a short span of time, the learned Sessions Judge should have been on the vanguard to see that his guarded discretion was not exercised liberally.”
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