Chennai: Giving an opportunity to mend his ways and choose a moral path and be a responsible citizen, the Madras high court has directed the assistant commissioner of police, Madurai, to close within three weeks the history sheet opened against an advocate.
A division bench comprising Justices Pushpa Sathyanarayana and T. Krishnavalli however made it clear that in the event, advocate Chandrabose indulges himself in any of the crimes irrespective of the nature of crime, he cannot be pardoned and the same would be viewed very seriously.
“With the above warning, the appeal preferred by the state is dismissed confirming the order passed by the single judge, ordering closure of the history sheet opened against the advocate”, the bench added.
The bench said since the crimes in which Chandrabose was involved were not heinous, he was acquitted ultimately. Even the single judge had recorded the undertaking that he would not involve in any crime in future and he would enroll himself as an advocate. The single judge has allowed the petition from Chandrabose only on the sympathetic ground that erring human should be given an opportunity to reform his attitude, the bench added.
The bench said the counsel appearing for Chandrabose vouched for his conduct prayed that his name may be removed from the history sheet. In the light of the above, this court had directed Chandrabose to file an affidavit of undertaking before this court. Pursuant to the same, he has filed an undertaking affidavit, the bench added.
In the undertaking affidavit, Chandrabose stated that the police have opened a history sheet in his name while he was studying law. He challenged the same and this court allowed the petition. Subsequently, he enrolled himself as an advocate. The police filed the present appeal. Pending appeal, two more cases came to be registered as against him. One ended in acquittal and in another, trial was pending. After enrolling himself as an advocate, he has mended his ways and practicing before this court regularly. He changed his locality and keeping himself away from the trouble mongers. He also unconditionally undertakes that he will not indulge in any criminal activities or any community activities and he will be away from all sorts of troubles. He also undertakes that if he fails in his undertaking, the police can take any stringent action upon him and he will abide by the same. Further, if he fails in the undertaking, he may also be subjected to disciplinary proceeding by the Tamil Nadu Bar Council, he added.
