Custodial interrogation essential in Hit-and-run case : HC

Cancelling the anticipatory bail of the prime accused in the hit-and-run incident involving two highways engineers, the Madras High Court today said certain material factors were not brought to the court's notice when it passed the impunged order granting the bail last month. In his order, Justice K N Pasha of the Madurai Bench of the court said the high court had on Feb 27 granted bail to Senthilkumar, the prime accused, on the ground that the injured persons had already been discharged from hospital and the investigation was over. That was the impression the court got from the government advocate. He said certain material factors were not brought to the notice of the court at the time of passing the impunged order in respect of the nature of allegations leveled against Senthilkumar. The two Highways engineers, Anthony Xavier and Sundaram, and a police constable escaped a murder attempt, caught on video camera, when a speeding car ran over them while they were engaged in demolishing a temple constructed on encroached land in Kanyakumari on February 6. The Judge said Senthtilkumar allegedly dashed the car at the officials when they were discharging their duty and that too in pursuance of the orders passed by the high court. Though two of the injured had been discharged from the hospital one was receiving treatment at the private hospital. Considering the gravity of the offence, custodial interrogation was very much essential to find out the truth in the matter and complete the investigation, the court said. Yet another factor to be taken into consideration was the reasonable apprehension of tampering and hampering the investigations, he said. Also the tension prevailing at the scene of occurrence could not be ignored or brushed aside, the Judge said. Allowing the police petition seeking cancellation of the anticipatory bail, the Judge, however, made it clear that it was always open to the accused to surrender and seek bail before a lower court which should take into account the prevailing factors at the time of considering the bail application. The Thiruvattar police inspector, who sought cancellation of bail, said as an offshoot of the occurrence of the crime, the Nagercoil advocates also boycotted the court with Senthilkumar being instrumental behind it. During the boycott, there was also a quarrel among the lawyers and an advocate was assaulted. The said occurrence created fear in the mind of the general public. The lawyers of Nagercoil boycotted the court on Thursday urging the government to withdraw the 'false case' filed against their colleague Rasalraj in connection with the hit-and-run incident. Police had filed cases against five persons in connection with the incident.

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