The Madras High Court Bench here on Thursday restrained the Madurai District Police from executing a non-bailable arrest warrant (NBW) issued by a judicial magistrate on Monday against Durai alias Dayanithi Alagiri (26), son of Union Minister M.K. Alagiri, in connection with the ongoing investigation into a multi-crore granite quarry scam.
Justice T. Mathivanan ordered that the NBW should be kept in abeyance until November 2 when the police were expected to file a counter affidavit to the plea of Mr. Dayanithi to set aside the warrant.
The interim order was passed despite vehement objections raised by Advocate General A. Navaneethakrishnan who justified the issuance of arrest warrant.
Initially, the petitioner’s counsel P. Kumaresan contended that the police ought not to have approached the magistrate for the arrest warrant when an anticipatory bail application filed by him and a petition to quash the First Information Report were pending in the High Court.
‘Order bad in law’
He claimed that the magistrate’s order issuing NBW was bad in law.
Replying to it, the Advocate General contended that an arrest warrant issued by a judicial magistrate could be recalled only by the same magistrate. The High Court could not interfere with it under Section 482 of the Code of Criminal Procedure.
He also said the effect of the warrant was that the police could only secure the accused and produce him before the magistrate for further orders and nothing more.
“We will not frustrate any proceedings pending before this court. The police have actually done a good favour to them (the accused). They must make use of it,” he added.
Nevertheless, the judge passed the interim order by stating that the High Court could exercise its powers under Section 482 of Cr. P. C. either to secure the ends of justice or to prevent abuse of process of law.
