CHENNAI: Justice T Sudanthiram of the Madras High Court has referred former DMK minister Veerapandi S Arumugham’ plea for bail to a larger bench/full bench as it involved a question as to whether an accused in a criminal case can approach the HC for bail, directly. Arumugam was remanded to custody by the Judicial Magistrate-IV in Salem on July 30 this year. Without moving either the jurisdictional magistrate or the principal sessions court in Salem, Arumugam chose to approach the HC straightaway. The Registry referred the bail application to Justice Sudanthiram to ascertain its maintainability. Arumugam’s counsel submitted that the power under Sec. 439 of the CrPC was concurrent both on the court of sessions as well as on the HC. Hence, there was no legal necessity to first approach the court of sessions and in the event of rejection, to move the High Court. Holding that the question involved in respect of the maintainability of the petition was of much public importance, which needed to be examined by a larger bench, preferably by a full bench, the judge referred the matter to the Chief Justice for placing it before a larger bench/full bench.
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