On Thursday, the Madras High Court directed the Principal Sessions Judge Irusan Poonguzhali to appear in person and furnish an explanation regarding the grant of anticipatory bail in a pending attempt to murder case. The High Court’s directive was issued after concerns arose over whether the sessions court had relied on incorrect facts relating to the victim’s medical condition at the time of the bail order.
Justice P Velmurugan passed the order while hearing a petition filed by S. Lakshmi Bala, who sought the transfer of investigation in her complaint against Arivazhagi, the president of S. Sellampattu panchayat, her husband, and others. The petitioner alleged that the accused unlawfully entered her residence with an intent to grab her property and physically assaulted her and her son.
According to submissions made before the High Court, the Principal Sessions Court had granted anticipatory bail to the accused on the premise that the complainant had been discharged from the hospital on July 3, a key factor suggesting that the injury was not of grave nature. However, the complainant subsequently submitted that she was actually discharged only on July 9, casting doubt on the factual basis of the bail order.
The Director of Prosecution informed the Court that the July 3 discharge date was conveyed to the sessions court by the investigating officer and was reiterated by the government prosecutor. This discrepancy prompted the High Court to seek clarification from the sessions judge who passed the bail order.
Justice Velmurugan, noting the seriousness of the issue, directed Judge Poonguzhali to appear before the High Court on July 28 with all relevant documents to explain the circumstances and factual basis behind granting anticipatory bail to the accused.
The matter will now be taken up on the scheduled date to ascertain whether the anticipatory bail was granted on a misrepresentation of facts and whether appropriate action is warranted.
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