The Madras High Court Bench here on Wednesday directed Inspector of Karimedu police station here to withdraw two summons issued by him to former Deputy Mayor P.M. Mannan of Dravida Munnetra Kazhagam on May 19 and 22 and issue a fresh summon listing out the reasons for requiring his presence.
Justice K.B.K. Vasuki passed the order while disposing of a writ petition filed by Mr. Mannan through his counsel F. Deepak challenging the summon served on him on May 19. He claimed that the document was bereft of details and did not even contain the case number with regard to which he was ordered to appear.
In his written submissions to a Special Government Pleader, the Inspector said that the summon was issued for enquiring into a complaint lodged by the wife of District Public Prosecutor M. Tamilselvan of All India Anna Dravida Munnetra Kazhagam alleging vandalism at their house on September 1.
According to the Inspector, the policeman who served the summon on the writ petitioner on May 19 explained the reasons orally. Nevertheless, steps were taken to serve another summon on May 22 giving detailed reasons. But it could not be served as the petitioner was away in Bangalore.
The Inspector also said that the second summon was thereafter mailed to the petitioner through registered post. Though Mr. Mannan had obtained anticipatory bail in the case, he was always obligated to appear for enquiry whenever required and cooperate with the enquiry, he added.
He pointed out that even the High Court, while granting advance bail on May 19, had directed the petitioner to comply scrupulously with conditions stipulated under Section 438 of the Code of Criminal Procedure. The conditions include making oneself available for interrogation whenever required.
The woman complainant had alleged that the henchmen of Mr. Mannan hurled a soda bottle inside her house and broke a tubelight worth Rs. 40. She also accused the petitioner of having threatened her husband who was appearing in many politically sensitive cases.
On the basis of her complaint, the police had registered a case under Sections 109 (abetment), 294(b) (uttering obscene words), 506 part II (criminal intimidation) of the Indian Penal Code apart from a provision of the Tamil Nadu Property (Prevention of Damage and Loss) Act and examined seven witnesses so far.
Keywords: summons, anticipatory bail, writ petition
