The Hindu : Tamil Nadu / Chennai News : Grant of conditional bail to Dhanasekaran upheld

Online edition of India's National Newspaper
Friday, Jan 06, 2006

Tamil Nadu

Tamil Nadu - Chennai

Grant of conditional bail to Dhanasekaran upheld

Special Correspondent

Court finds "no irregularity committed in passing the order"

CHENNAI : A sessions court order, granting conditional bail to DMK councillor K. Dhanasekaran in connection with the December 18 stampede at MGR Nagar here, has been upheld by the Madras High Court.

Dismissing a criminal original petition from police seeking to cancel the bail granted on December 26, Justice S. Sardar Zackria Hussain said: "On the facts, it is very much doubtful that offences, such as culpable homicide not amounting to murder are attracted. As observed by the sessions court, the mere fact of spreading the rumour alleged to have been made by the councillor and the co-accused could not have been the cause for the death of 42 persons and injuries to 37 others. Even as per the First Information Report originally registered for accidental death, the occurrence took place because the crowd of around 4,000 that had gathered in front of the school gate tried to enter the school by pushing the gate."

Prima facie case for bail

Mr. Justice Hussain said the I Additional Sessions Judge, A.R. Selvakumar, had taken into account all relevant aspects before passing the impugned order, and also rightly directed the accused to stay at Nagercoil and sign before a court there twice a day. Since the Chennai Central Prison management was to obtain bail bond here and transmit the Councillor to Nagercoil for release "there is no possibility of tampering the evidence by him," the Judge said. "There is no reason to interfere as there is no irregularity committed in passing the order," he said, adding that Mr. Dhanasekaran had made out a prima facie case for grant of bail.

A day after bail was granted to the Councillor, Mr. Justice Hussain suspended the operation of the sessions court order till January 2. On December 29, the Greater Chennai Commissioner of Police passed an order detaining Mr. Dhanasekaran under the Goondas Act.

A. Saravanan, counsel for the accused, said a petition challenging the detention would be filed before the statutory committee on Friday.

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