Ganapathy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR
1. Ganapathy
2. Muthupandi
3. Vicky @ Vignesh ... Petitioners/Accused No.1 to 3 Vs State Rep.by The Inspector of Police, Karaikudi South Police Station, Sivagangai District.
Crime No.47 of 2022..
... Respondent/Complainant For Petitioner : M/s.BANUMATHY.A., Advocate.
For Respondent : Mr.M.MUTHUMANIKKAM, Counsel for Government of Tamil Nadu(Crl.side) : Mr.K.S.DURAI PANDIAN, Advocate for Defacto complainant : Mr.L.Shaji Chellan, Advocate and Mr.R.M.Arun Swaminathan, Advocate for Karaikudi Bar Association PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.47 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- This Court while granting bail to the accused in Crime No.47 of 2022 on the file of the respondent Police, directed the Registry to call for an explanation from the Karaikudi Bar Association as to why necessary directions should not be issued to the Bar Council of Tamil Nadu and Puducherry for taking action to de-recognise the Bar Association and as to why contempt proceedings should not be initiated against the office bearers of the Karaikudi Bar Association and directed to submit the explanation on or before 27.04.2022.
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2.When the matter is taken up for hearing today, Mr.V.Nelson Jeeva, Secretary of Bar Association, Karaikudi is present before this Court.
3.Mr.L.Shaji Chellan and Mr.R.M.Arun Swaminathan, learned counsels appeared for Karaikudi Bar Association. 4.In pursuance of directions of this Court, the President and the Secretary of Karaikudi Bar Association have submitted an explanation stating that they have passed the resolution dated 22.03.2022 as a mark of sympathy and solidarity with the victim Advocates and they do not justify the same in the legal parlance observed by this Court in the order dated 19.04.2022 in Crl.O.P(MD) No.6833 of 2022 and that they have realized that they should have refrained from passing such a resolution dated 22.03.2022 and also assured that Karaikudi Bar Association will uphold the constitutional mandates and they will not pass any such resolution in future. They have also stated that since the resolution dated 22.03.2022 was declared as null and void by this Court, withdrawing the same does not arise at all.
5.The explanation submitted by the Karaikudi Bar Association is recorded. I hope and trust that such occurrence will not recur anywhere in Tamil Nadu and Puducherry. Hence, the proceeding initiated is hereby closed.
sd/- 27/04/2022 / TRUE COPY / 18/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3 THE INSPECTOR OF POLICE KARAIKUDI SOUTH POLICE STATION, SIVAGANGAI DISTRICT.
4 THE INSPECTOR OF POLICE, CHENGALPATTU TOWN POLICE STATION, CHENGALPATTU DISTRICT.
5 THE PRESIDENT, KARAIKUDI BAR ASSOCIATION, KARAIKUDI.
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6 THE SECRETARY, KARAIKUDI BAR ASSOCIATION, KARAIKUDI.
7 THE PRESIDENT, BAR COUNCIL OF TAMIL NADU AND PUDUCHERRY, CHENNAI AND PUDUCHERRY.
8 THE SECRETARY, BAR COUNCIL OF TAMIL NADU AND PUDUCHERRY, CHENNAI AND PUDUCHERRY.
9 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :27/04/2022 SA/SVR/SAR.2/17.05.2022/3P/10C 3/3