The Hindu : Vaiko to decide today on bail conditions

Online edition of India's National Newspaper
Wednesday, Feb 04, 2004

Tamil Nadu

Tamil Nadu

Vaiko to decide today on bail conditions

By R.K. Radhakrishnan

The MDMK general secretary, Vaiko, with party leaders at the Poonamallee court on Tuesday. - Photo: K. Pichumani

CHENNAI, FEB. 3. A special court at Poonamallee today offered bail to Vaiko, Marumalarchi Dravida Munnetra Kazhagam (MDMK) general secretary and Prevention of Terrorism Act (POTA) detenu, subject to his filing an undertaking to abide by six conditions.

Mr. Vaiko was arrested in July 2002 for delivering a pro-LTTE (Liberation Tigers of Tamil Eelam) speech at Tirumangalam, near Madurai. He has spent 575 days in jail.

L. Rajendran, judge, offered Mr.Vaiko an opportunity to modify his bail application earlier. But the MDMK leader chose not to do so.

The pre-conditions include: Mr.Vaiko should appear before the court on all working days; cooperate in the conduct of trial "without resistance"; assist in fully defending his case and "allow this court to pronounce a judgment" by June 30; by his absence for any reason Mr.Vaiko should not cause the court to adjourn the proceedings and should not force the court to adjourn on the grounds that he had not engaged counsel or his counsel could not appear.

"In the event of his not filing a sworn affidavit with the undertaking stated above, the petitioner will not be released on bail," Mr.Rajendran said in a 35-page order. Mr.Vaiko did not file the undertaking.

The court also imposed 14 conditions including execution of a bond for Rs. 50,000 with two sureties each for a like sum; that he would not move out of Chennai and Poonamallee "on any account without obtaining due orders in writing" from the court and that he would report before the in-charge Metropolitan Magistrate, Chennai, on all holidays and on days when the court could not take up the case. Also, he should not "advert to or express or publish in any manner — about this case or case proceeding, either by express or in an implied manner — to any visual or press media or at any meeting whatsoever under any circumstances," not give an interview to the media or issue a press statement on the case and should not absent himself from appearing in the court on the ground that he had "to perform his political and public duty so as to cause delay in the completion of trial."

Mr.Vaiko said he would consult his counsel and arrive at a decision tomorrow.

Party leaders, L.Ganesan, M.Kannappan and Gingee N.Ramachandran, offered their suggestions to Mr.Vaiko at the court.

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