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Double blow to Ilamvazhuthi

By Our Staff Reporter

CHENNAI FEB. 11. Dealing a double blow, the principal sessions judge, A.R. Ramalingam, today dismissed the bail plea by the DMK MLA, Parithi Ilamvazhuthi, and also observed that prima facie his action in the Assembly constituted an offence under Section 307 (attempt to murder) of the IPC.

Mr. Ilamvazhuthi was arrested on February 1 after the Assembly passed a resolution on January 30 recommending initiation of criminal proceedings against him, allegedly for threatening and attempting to assault the Tamil Maanila Kamaraj Congress MLA, D. Kumaradas.

When the matter came up before the judge, senior counsel and Rajya Sabha MP, R. Shanmugasundaram, pointed out that the charge against Mr. Ilamvazhuthi was that he rushed towards Dr. Kumaradas `threatening to kill him either inside or outside the Assembly'. Mere intention and preparation to commit an act, in the absence of actual completion, would not attract an offence under Section 307 IPC. Also, the case had been foisted on the MLA for political reasons.

The city public prosecutor, T.V. Ganesh, contended that for attracting the said penal provision `there is no need for causing any bodily injury.

The total circumstances and background under which such words are uttered have to be taken cumulatively'.

Also, investigation was still to be completed.

Mr. Ramalingam said: "Considering the arguments of both sides, I am of the view that prima facie offence under Section 307 IPC is attracted as per the allegations in the FIR. Further, investigation is in the initial stage. In such circumstances, I am not inclined to grant bail".

Immediately after the dismissal of the bail application, Mr. Ilamvazhuthi's counsel filed a fresh petition in the Madras High Court.

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