Justifying the Mannarkad Special Court’s order canceling bail to the accused in the Madhu lynching case, the State government on Wednesday submitted before the Kerala High Court that the order of the trial court was valid and legal..
The submission was made by the government while opposing the petitions filed by the accused challenging the order of the Special Court for offenses under the SC/ST (Prevention of Atrocities) Act canceling their bail.
The State government further submitted that the accused had engaged middlemen and agents to influence the witnesses in the case. Most of the accused had contacted all the major witnesses over the phone on umpteen occasions.
It was the trial court that had got the primary power and authority to order the arrest and to commit the accused into custody. The trial court could not be a mute spectator of the flagrant violations of the bail conditions. It was for the trial court to make sure that the conditions in the bail order were scrupulously complied with. If non-compliance with the bail conditions could result in frustrating or sabotaging the trial, the trial court could take measures to enforce it, the government submitted.
The State government, the investigating agency, as well as the prosecution, were eager to see that a free and fair trial was held and the culprits were brought to book and the trial was not frustrated in any manner.
The court reserved its order on the petition.
