The Madras High Court Bench here on Monday refused to pass interim orders restraining Madurai District Police from executing a non-bailable arrest warrant, issued by a Judicial Magistrate at Melur, near here, against Durai alias Dayanithi Alagiri, son of Union Minister M.K. Alagiri, in connection with the ongoing probe into a multi-crore granite scam.
Justice T. Mathivanan declined to pass any such interim order while hearing an anticipatory bail application filed by Mr. Dayanithi, despite the insistence of his counsel Veera Kathiravan and John Satyan, who alleged that the police had intentionally bypassed the jurisdiction of the High Court by obtaining the warrant from a Magistrate though the advance bail application was pending since November 9.
“We have filed an anticipatory bail application as well as a petition to quash the First Information Report. When the High Court is seized of the matters, what was the necessity for the police to have filed an application seeking arrest warrant? They have to have some respect for the rule of law. Let them wait for the outcome of the cases pending here without precipitating the matter,” said Mr. Kathiravan.
However, Advocate General A. Navaneethakrishnan opposed the plea for interim relief and said that he too would not give any undertaking on behalf of the police to refrain from executing the warrant. Later, the judge adjourned the hearing on the anticipatory bail application to Thursday. This was the second application filed by Mr. Dayanithi, as the first one was dismissed by the same judge on September 25.
The hearing on the petition to quash the FIR had already been posted to November 7.