NEWS: Madras HC: Interim Bail in Habeas Corpus Petition Challenging Detention Only in Exceptional Circumstances

By Legal Wires 4 Minutes Read

The Madras High Court has observed that Interim bail in Habeas Corpus petitions challenging preventive detention can be granted only in exceptional circumstances.

In the case of Government of Tamil Nadu and another v. S. Indira Moorthy. The Division Bench comprising of Justice T S Sivagnanam and Justice Pushpa Sathyanarayana recalled an order passed on 15th June to grant interim bail, after considering the objection raised by the Tamil Nadu Government against the release.

The High Court observed that:

“….we are of the view that tough this court has got the jurisdiction to grant interim bail in deserving cases, the exercise of such jurisdiction and power has intrinsic restrictions, as has been laid down in catena of decisions of the Hon’ble Supreme Court.”

Further Justice Pushpa Sathyanarayana added:

“…we have no hesitation to hold that the prayer for interim bail cannot be normally entertained by this court in Habeas Corpus Petition, unless and until, it has been made out of intervention of this court is indispensable at that stage.”

“…it is amply clear that this court while dealing with habeas corpus petitions under Article 226 of the Constitution, wherein, the validity of the dentition orders are sought to be questioned, has jurisdiction to grant interim bail, but the exercise of the said jurisdiction is inevitably circumscribed by the consideration which are special to such proceedings”, the Court added.

The Court was dealing with the detention of a person who was branded a “sand offender” under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982.

After the offender was granted Interim bail on June 15th, the state government moved an application seeking for recall for the order of interim bail by the court contending that the offender was not produced before the Advisory Board, and cannot be released on interim bail.

Legal Wires

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