R. Balasubramanian, J. - (1.)UNDER the orders of the Honourable Chief Justice, this writ petition is listed before us today at 3.15 p.m. Heard Mr. V. Prakash, learned senior counsel appearing for the petitioner, Mr. Raja Kalifullah, learned Government Pleader appearing for R1 to R3, Mr. R.C. Paul Kanagaraj, learned member of the Bar and President of Madras Advocates Association and Mr. S. Prabakaran, another learned member of the Bar appearing for R4.
(2.)IN the main writ petition, which is in the form of a Public INterest Litigation, the relief prayed for is to transfer the investigation in Crime No.24 of 2006 on the file of B-4 High Court Police Station to any other police station on the ground that in the factual scenario available relating to the incident that had taken place within the High Court compound, it is apprehended that the investigation in the crime registered may not go in the fair manner. The writ petitioner is a practicing lawyer. This Court is informed based on the registration of the crime for various offences which includes the offence under Section 307 I.P.C. against five persons, for the time being three persons by name, Parthasarathy, P. Subramanian and S. Venkatesan are in judicial remand. Learned senior counsel appearing for the petitioner and the learned counsel on the other side stated circumstances under which the occurrence is shown to have taken place. Since crime had come to be registered hardly 24 hours before, we are not going to express any opinion on the merits of the rival contentions made by the learned counsel for the parties. But one thing we are sure, namely, it is too early to consider the request of the petitioner, to transfer the investigation. IN other words, there will be time enough for the persons against whom crime has been registered to take any proper relief seeking transfer of the investigation and it could be considered at that time in a manner known to law. Accordingly we reject the request for transfer subject to the above. Having regard to the age of one person in the judicial remand, namely, Parthasarathy, who is shown to be 75 years of age and the circumstances under which the crime is shown to have taken place, we are inclined to release A1 to A3 in Crime No.24 of 2006 on the file of B-4 High Court Police Station on condition that each one of them executes a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with one surety for a like sum to the satisfaction of the VII Metropolitan Magistrate, Chennai and on further condition that they shall appear before the third respondent as and when called for. We are granting bail despite the objections raised by Mr. Prabakaran, learned member of the Bar and Mr. R.C. Paul Kanagaraj, learned advocate cum President of the Madras Advocates Association stating that since the crime has been registered in accordance with law, the only remedy available to the aggrieved persons is to go before the Court of sessions seeking bail and if it is refused then only they can come before this Court to exhaust the remedy. But in view of the situation brought to our notice, namely, the entire incident having taken place within the High Court compound and the background in which the occurrence is shown to have taken place, we have decided to exercise the power and accordingly we have exercised. The writ petition and M.P. are disposed of in the above lines.