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AIADMK chief and former minister D Jayakumar, who has been re-arrested on the cost of disobeying a provision in Chennai Metropolis Police Act, was granted bail by native courtroom on Thursday.
XVI Metropolitan Justice of the Peace M Dayalan, hooked up to the courtroom complicated in George City space, granted the bail after listening to the arguments superior by senior counsel A Natarajan.
Part 7(1)(a) of the Prison Regulation Modification (CLA) Act was used to re-arrest Jayakumar within the second case. This part says that stopping an individual from doing or to do any act which such individual has a proper to do, is punishable.
Jayakumar was initially arrested on Monday by town police on the fees of attacking a DMK man and parading him shirtless in the course of the polling to city native our bodies on February 19. His bail utility on this foremost case was posted for additional listening to on Friday (Feb. 25), by the Principal Classes Decide S Alli, at the moment.
In the meantime, the Tondiarpet police filed an utility earlier than the Justice of the Peace in search of Jayakumar’s custody for 5 days.
Earlier, within the second case, Jayakumar’s counsel Natarajan argued that the police had altered the FIR registered within the first case and included sec. 7(1)(a) of the CLA Act solely to make the offence non-bailable. The police had no energy to register an FIR beneath Sec. 188 of the IPC and later embrace Sec. 7(1)(a) of the CLA Act because the Madras Excessive Court docket had already held within the unfavorable.
The alteration was invalid and has no authorized legs to face. As per the ruling of the Excessive Court docket, this part was additionally a bailable offence. Bringing on this part within the second case was completely irrelevant. Therefore, each Sec.188 and seven(1)(1) needed to be omitted. Aside from these two sections, all the opposite offences have been bailable, he argued.
Near to the custody plea, Natarajan instructed the Justice of the Peace that no custody was required on this case. The Excessive Court docket had held that the police can very nicely interrogate the accused individual contained in the jail itself and never all of the circumstances required police custody, he added.
The Justice of the Peace adjourned additional listening to on the custody situation by a day. He additionally directed the authorities involved to provide Jayakumar within the courtroom on Friday.
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