The Madras High Court Bench here on Tuesday relaxed a bail condition which restrained film producer Durai alias Dayanithi, son of former Union Minister M.K. Alagiri, from going on foreign trips without informing a lower court near here at least three days in advance.
The condition had been imposed while granting him anticipatory bail in a case related to illegal mining of granite. Justice G. Chockalingam relaxed the condition after overruling objections raised by the prosecution which claimed that it was absolutely necessary to keep a check on his movement.
It was on December 10, 2010 that the High Court had granted advance bail to Mr. Dayanithi in the case filed by the Keelavazhavu police here. He was ordered to surrender his passport in a lower court at Melur near here and appear before the investigation officer every day until further orders.
On April 4, 2013, the High Court ordered return of his passport on execution of a bond for Rs.2 lakh and directed him to intimate the lower court as well as the investigation officer about his foreign travel plans at least 10 days before embarking on such trips.
Subsequently, passing orders on another petition filed by him, the court reduced the intimation period from 10 days to three days. Now, seeking complete relaxation, the petitioner claimed that the bail condition was too onerous since his profession required him to make foreign trips frequently.
Opposing the plea, the police filed a counter affidavit claiming that Mr. Dayanithi had recently made an application for renewal of passport by mentioning his Chennai address. They alleged that the investigation officer was not intimated about the change of his residence from Madurai to Chennai.
“If the relaxation petition is allowed, it would facilitate the petitioner to go anywhere at his will and his whereabouts will not be known to the investigation officer. Summons cannot be issued to him for conducting investigation or directing him to appear before the trial court,” the counter read.
