In a big relief to DMK organising secretary and Rajya Sabha MP RS Bharathi, the Madras High Court on Tuesday dismissed an appeal moved by the Central Crime Branch (CCB) wing of the Greater Chennai Police, challenging the bail granted to the DMK leader by a special court in an SC/ST case for allegedly defaming judges from that community.
Rajya Sabha MP RS Bharathi
Chennai: “Observing that the main contention of the prosecution is that since the provision of anticipatory bail is not available in the SC/ST Act, the accused should not be given bail, Justice N Suresh Kumar said, "Mere tougher law and stringent legislations will not relieve the State from establishing the charges as per law. If the contention that jail is a rule and bail is an exception is accepted, then it will not only infringe on the fundamental rights of the citizen but will also have serious consequences."
"Therefore, when there is no supervening circumstances available in the matter, on mere whims of the State, the bail granted cannot be cancelled, " Justice Satish Kumar held while noting that it is not the case of the State that the accused disobeyed the bail conditions or misused the privilege of bail.
According to the de facto complainant, the remarks made by Bharathi have caused humiliation to the Scheduled Caste members, particularly the late Justice Varadharajan, who was in the bench of the full trial
"Therefore, when there is no supervening circumstances available in the matter, on mere whims of the State, the bail granted cannot be cancelled, " Justice Satish Kumar held while noting that it is not the case of the State that the accused disobeyed the bail conditions or misused the privilege of bail.
According to the de facto complainant, the remarks made by Bharathi have caused humiliation to the Scheduled Caste members, particularly the late Justice Varadharajan, who was in the bench of the full trial