V Senthil Balaji arrest: Madras High Court cancels bail granted to 15 persons who attacked IT officials during search

The Madras High Court recently set aside the bail granted by a local court to fifteen people linked to Tamil Nadu Minister V Senthil Balaji who were arrested for allegedly having attacked Income Tax officials during searches conducted in Karur district in May this year..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..The Court was hearing a batch of petitions filed by the Income Tax officials who had been attacked by alleged supporters of the minister when they were searching the premises of his acquaintances in Karur on May 26. The petitioner-officials sought the cancellation of the bail granted to their attackers..While cancelling the bail order passed by the Judicial Magistrate I, Karur, the High Court said that any unlawful obstruction caused to the discharge of a government official’s discharge of public duty must be viewed seriously..The High Court, therefore, directed the accused to surrender before the trial court and directed that the CJM decide the bail pleas afresh either on July 31 or within a maximum period of three days..Additional Solicitor General ARL Sundaresan and Senior Standing Counsel for Income Tax Department N Dilip Kumar appeared for the IT officials.Additional Public Prosecutor B Nambiselvan appeared for the respondent- police.Senior Counsel NR Elango and advocate M Palani Raj appeared for some private individuals, who were also respondent parties in the case..[Read Order]