The Madurai Bench of Madras High Court has called for an explanation from a sessions judge from Virudhunagar district after the judge had denied the statutory bail to an accused despite the police having failed to file a chargesheet within the mandatory period of 90 days.
Expressing shock, Justice K. Murali Shankar observed that the court was at a loss to understand that the sessions judge having 19 years of experience in the judicial service had overlooked the legal provisions and the legal dictum laid down by the Supreme Court.
The court was hearing a petition filed by an armed reserve police constable who challenged the order of the judge of the special court for exclusive trial of cases under SC/ST (PoA) Act that had denied him the statutory bail.
The case of the prosecution is that the man who belonged to a dominant community was in a relationship with a woman from a Scheduled Caste. He was in a physical relationship with the woman on the promise of marrying her. Later, he refused to marry her.
A complaint was lodged against him and an FIR registered. The regular bail was denied to him. Subsequently, he sought statutory bail as the police had failed to file the chargesheet within the mandatory period of 90 days. However, the sessions judge denied him bail.
Justice Murali Shankar observed that the sessions judge has no other option, but to grant the statutory bail. It is pertinent to mention that personal liberty is an important aspect of our Constitutional mandate, the court said.
Setting aside the order of the sessions judge, the court directed the accused to be released on statutory bail with certain conditions. The court directed the High Court Registry to call for an explanation from the sessions judge.
