NE LEGAL BUREAU
CHENNAI, MAY 30
The Madras High Court has dismissed a plea of police seeking cancellation of interim bail granted to DMK leader R S Bharathi by a lower court in a case for alleged disparaging remarks against the Scheduled Caste community, saying it lacked jurisdiction.
Rejecting the plea of the City Crime Branch on Saturday, Justice M Nirmal Kumar quoting a 1977 Supreme Court ruling held the petition was without jurisdiction in view of the specific provision U/s.14(A) of the SC/ST Act for filing an appeal against the trial court order.
The CCB sought cancellation of the interim bail granted by the Principal Sessions Judge here on May 23, hours after Bharathi, DMK organisation secretary and Rajya Sabha member, was arrested in connection with his alleged disparaging remarks against SC community a few months ago.
Justice Nirmal Kumar directed the Principal Sessions Judge to consider the bail application of Bharathi according to law after he surrendered. The sessions judge had initially remanded Bharathi to judicial custody till June 5 but later granted him interim bail till June 1, primarily on COVID-19 apprehensions. The accused shall surrender before the special court without fail on June 1 subject to the results of the pleas pending before the high court, the judge had said.
