JAI SUDHARASAN Vs. BAR COUNCIL OF TAMIL NADU

JUDGEMENT

(1.) C.M.P. No. 1307 of 1997 in Contempt Appeal No. 1 of 1997 is filed by one Jai Sudharasanan, for enlarging him on bail, on his own band, pending disposal of the above Contempt appeal.

(2.) C.M.P. No. 1499 of 1997 in W.A. No. 102 of 1997 is filed by Jai Sudharasanan and Vasanthi, for enlarging them on bail, on their own bonds, pending disposal of the above writ appeal.

(3.) WHEN the aforesaid C.M.Ps. Came-up for hearing before us, the petitioners, who appeared as parties-in-person, submitted that on an earlier occasion this Court directed them to produce the medical certificates showing their illness and health condition. Accordingly, Jai Sudharsanan produced some papers before us, saying that they are medical certificates. We have perused those papers. The paper produced by Jai Sudharsanan are not medical certificates. One piece of paper in an O.P. Chit and other two pieces of paper are not worth mentioning as nothing is stated therein regarding the illness and health condition of the petitioners. According to Jai Sudharsanan he is a heart-patient, requiring by-pass surgery. But in support of this version he has not produced any acceptable medical certificate before us. If he is really sick, though now lodged in the Central Prison, he could have consulted the Doctors through Jail authorities and produced before us the necessary medical certificates to substantiate his version. Even in the affidavit filed by him in support of the petition to enlarge him on bail no reason relating to his illness is stated. So far as Vasanthi is concerned, she also submitted that she is suffering from some ailment connected with gynecological problem. But she has also not produced any acceptable medical certificate to enlarge her on bail. Petitioners also submitted that they are entitled to bail as soon as an appeal is preferred against the order passed in the contempt applications under Section 19 of the Contempt of Courts Act. Enlargement on bail under Section 19 of the Contempt of Courts Act is not an automatic one and the petitioners herein cannot claim it is a matter of right unless they satisfy the Court with valid and acceptable grounds that they can be enlarged on bail.