LAWS(MAD)-2017-2-311

SAKTHIVEL Vs. STATE, REP BY INSPECTOR OF POLICE

Decided On February 13, 2017
SAKTHIVEL Appellant
V/S
State, Rep By Inspector Of Police Respondents

JUDGEMENT

(1.) In a bail petition filed under Section 439 of the Code of Criminal Procedure, viz. Crl. O.P. (MD) No.834 of 2017 before the Madurai Bench of the Madras High Court, the learned Single Judge (Madurai Bench), while examining the plea of the accused therein, who is alleged to have been a habitual drunkard, sought to raise a larger issue of the evils of consumption of liquor and its easy accessibility. The learned Single Judge disposed of the bail application, but sought to pen down the remaining paragraphs of his order as under :-

(2.) It may be noticed that the learned single Judge had a roster of cases of C.M.As. and Tr. C.M.Ps. and on that particular date, was assigned bail petitions also, on account of the non-availability of the Judge handling the bail roster.

(3.) Since the aforesaid issues sought to be raised could by no stretch of imagination be categorized as issues pertaining to bail and were akin to the nature of a Public Interest Litigation, on the aforesaid facts coming to notice, on Administrative Side, directions were issued by one of us (Chief Justice) to register the same as a Public Interest Litigation and post it before this Bench, as possibly unknown to the learned Single Judge, these aspects were already being examined by this Court.