In an order passed on July 28, Justice G Ilangovan of the Madurai bench of the High Court noted that the Magistrate had failed to assign any reasons for such grant of bail and had passed the bail order in a mechanical manner.
Hence, the Court said that the bail pleas must be decided afresh by a “senior judge,” and therefore, remitted the matter back to the Chief Judicial Magistrate (CJM), Karur to be considered again.
“As usual, there are allegations and counter allegations, which one is true, is a matter for investigation. But, while entertaining bail application, it is the duty of the court to find out whether there is any prima facie ground available against the accused persons. But, according to the learned Senior counsel for the petitioner, this cardinal principle is completely ignored by the trial courts, while entertaining and enlarging the accused on bail. According to him, if such sort of bails are admitted, then no public office will function in a smooth, fair and free manner. No doubt that as mentioned earlier, if intrusion made into the discharge of public duty in an unlawful manner, it must be viewed seriously, even while entertaining the bail application. The interest of the society at one end and individual liberty in another end,” the Court said.
Source: Barandbench
