The Kudankulam police in Tirunelveli district have informed the Madras High Court Bench here that non-bailable arrest warrant (NBW) issued by a lower court against S.P. Udayakumar (54), Aam Aadmi Party candidate for the Kanyakumari constituency, in September 2012 could not be executed till date as he was “absconding.”
Inspector of Police W. Joseph Jetson made the submission in a counter-affidavit filed before the court in reply to two anticipatory bail applications preferred by Mr. Udayakumar.
The police officer said a judicial magistrate in Valliyoor issued the NBW since the petitioner did not appear before the court on September 18, 2012 despite receiving summons.
After recording the submissions made by the Inspector, Justice R. S. Ramanathan dismissed both the advance bail applications.
He said relief could not be granted when the police had filed charge sheets in both the cases registered in connection with anti-nuclear protests and the lower court too had issued a NBW on the accused.
The judge, however, said the petitioner would be at liberty to surrender before the lower court concerned and apply for regular bail under Section 439 of the Code of Criminal Procedure (Cr.PC.).
If such an application was made, the presiding officer should consider the application and pass appropriate orders on the day of surrender itself, he added.
In his bail applications, Mr. Udayakumar said the first case was registered against him and 29 others for having sat on a hunger strike along with 3,550 people in front of St. Lurdu Matha Church in Idinthakarai on February 21, 2012.
The other case was registered against him and 34 others for having indulged in a similar act along with 2,973 people on March 24, 2012.
Pointing out that both the cases were registered on the basis of complaints lodged by constables attached to Kudankulam police stations on charges of defying orders promulgated under Section 144, Mr. Udayakumar’s counsel said: “The petitioner is a law abiding citizen of this country and he never had any intention to disturb public tranquillity by instigating others.”
