Madras HC: No Time Frame For AB

-UNI 18 July 2007

 

The Madras High Court has held that an order of anticipatory bail should not be limited to a particular period of time.
The full bench, comprising Mr Justices R Balasubramanyam, S K Krishnan and R Raghupathy, passed the order on a matter referred to it by the Chief Justice, through an administrative order on June 26, 2007.
The full bench was appointed to hear a case in which two persons, Sudhakaran and Palani Kumar, approached the Madurai bench of Madras High Court to get anticipatory bail. A single judge had granted anticipatory bail, but only for a limited
The Madurai Bar had argued before the single judge that if the court decided to grant anticipatory bail, it should do so without limiting the
The single judge had pointed out the conflict in the Supreme Court judgement on whether the court had the power to grant anticipatory bail for a limited period or not. He had asked the Registry to present the papers before the Chief Justice. The matter was first referred to a Division Bench and later to the full Bench.
The full bench observed that the Supreme Court held conflicting views on the matter and pointed out the Apex Court observation that as per the law of precedence, if a High Court faced conflicting views, it should follow the opinion expressed by the larger Bench.
It also referred to the Constitutional Bench judgement in the case of one Gurupaksh Singh, in which it was held that the operation of the order should not be limited to a particular period of time.

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In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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