HC stays cancellation of HR&CE officials bail

 thehindu.com  09/13/2019 16:11:43 


The Madurai Bench of the Madras High Court on Friday stayed the order of the Additional Chief Judicial Magistrate, Kumbakonam, cancelling the bail granted to Additional Commissioner of Hindu Religious and Charitable Endowments department N. Thirumagal.

Justice G.K. Ilanthiraiyan stayed the order passed by the lower court on September 9 on a petition filed by Ms. Thirumagal. The court also ordered notice to S. Thennarasan, Chief Investigation Officer, Special Investigation Team, Tiruchi, and sought a counter affidavit. The case was adjourned till September 24.

She said she was enlarged on bail and her bail conditions were relaxed by the court. However, the Idol Wing official moved the lower court alleging that she did not cooperate with the SIT during interrogation and sought cancellation of the bail for custodial interrogation.

The petitioner said the petition filed by the Idol Wing official was not maintainable and was done with the sole motive of harassing her. She said the official had no locus standi to file the petition before the lower court.

She pointed out that the Supreme Court, while granting her relief in her anticipatory bail petition, had observed that if custodial interrogation was necessary, the State could move the trial court.

Also, the allegation that the petitioner did not cooperate during interrogation was not raised before the High Court during hearing of the criminal original petition, she said, and sought a direction to stay the order of cancellation of her bail by the lower court.

Ms. Thirumagal was arrested last year by the Idol Wing police for her alleged involvement in replacing a granite peacock idol at Kapaleeswarar Temple in Mylapore in 2004 when she was Executive Officer of the temple.

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