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Contempt: Magistrate told to file affidavit, summoned on Jan 28
Taking strong exception to its directions being disobeyed, the Madras High Court on Friday issued a statutory notice to the XIII metropolitan magistrate, Egmore, who enlarged an accused on bail despite a stay order issued by the HC.
Chennai
The contempt plea was heard in-camera by the vacation division bench comprising Justices S Vaidyanathan and P T Asha. The magistrate, Gopinath, appeared before the bench on Friday as per the orders passed earlier.
Assistant Jail Superintendent V Ramadoss, Assistant Commissioner of Police (Traffic Investigation - South) Kumaravelu and Inspector of Police (Traffic) G Rani also appeared before the bench.
The bench, which issued statutory notice to the magistrate, directed him to make another personal appearance on January 28.
Gopinath and the Superintendent of the Saidapet Sub- Jail have also been asked to file separate affidavits detailing the events that transpired ahead of the bail being granted to the accused.
The issue pertains to a road accident that happened on Spur Tank Road on October 16, in which a woman advocate Sunanda was seriously injured. She succumbed to her injuries on October 23. Nearly two months after the accident, on December 18, police arrested Kiran and Madhan, students of a private law college, for causing the accident under section 304 (a) of the IPC. But within two days, the principal session’s court, Chennai, granted bail to the accused.
Opposing this, the victim’s husband TRG Surender Nair moved the High Court, which then stayed the lower court’s order. However, the XIII metropolitan magistrate, which permitted the accused to produce surety bonds, enlarged them on bail.
According to the police, the stay order passed by the High Court was reported to the magistrate around 5 PM on December 24. But the accused were released on bail around 5. 55 PM.
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