Chennai: The Madras high court has dismissed as withdrawn the petitions filed by two Kodanad accused seeking to set aside the notice issued by the Sessions Judge, Nilgiris, requiring their appearance in connection with a cancellation of bail petition moved by the prosecution.
The two had given an interview to an e-magazine alleging the involvement of Chief Minister Edapadi K. Palanisami in the Kodanad heist and murder case. Justice N. Anand Venkatesh dismissed as withdrawn the petitions filed by K.V. Sayan and Manoj alias Valayar Manoj.
Senior counsel N.R. Elango, appearing for the petitioners submitted that they were arrested in connection with the Kodanad heist and murder case on June 6, 2017 and the Judicial Magistrate, Kotagiri granted them bail on September 11, 2017. On January 18, the Kotagiri police filed a petition for cancellation of bail. The Sessions judge adjourned the case to January 29 and directed the accused to appear before the court on that day.
The lawyer contended that the trial court compelling the appearance of the petitioners was by itself prejudicial and leads to the inference that the court has made up its mind. The trial court has ignored a restraint order imposed on the accused from speaking any further in respect of the entire episode. In such circumstances, the trial court has ignored that any counter affidavit filed by the petitioners will be devoid of facts, which were necessary to come to a correct conclusion.
The contention of the prosecution was they were aggrieved by the fact that the petitioner had given an interview to an e-magazine which was telecast. It was further stated that the said interview was to mislead the investigation. However, in this case, as per the prosecution version, the investigation was complete and the final report laid and therefore, the contention of the prosecution that the interview will interfere with investigation was untenable, the defence lawyer argued.
Vehemently opposing the same, State Public Prosecutor A.Natarajan submitted that the trial court has posted the matter for filing the counter, after doing which the counsel can argue the case. Only thereafter will the judge decide the issue. Instead of waiting till then, why they have rushed to this court, he asked. The case was at a premature stage. Knowing well that the accused had put out false information, the intention was only to tamper with the evidence in the main case.
The contention that the cancellation of the petition will be decided on that day itself, and for which purpose alone the appearance of the accused was ordered, was a mere apprehension.
The court cannot pass orders based on an apprehension. Moreover, in the bail bond executed by them, they agreed to appear before the court as and when required. They have to comply with this condition, Natarajan added. After reading the mind of the court, senior counsel N.R. Elango sought the permission of the court to withdraw the petitions.
