Court Orders Medical Evaluation and Imposes Restrictions to Safeguard Ongoing Investigation and Witness Protection
In a significant ruling, the Madras High Court has modified the interim bail conditions of A. Shankar, popularly known as Savukku Shankar, an investigative journalist, due to violations of initial bail terms. The judgment, delivered by a Division Bench comprising Justices P. Velmurugan and M. Jothiraman, highlights the delicate balance between the liberty of the accused and the integrity of the ongoing investigation.
Shankar, who was originally granted interim bail on medical grounds, is accused of threatening witnesses and engaging in activities that could prejudice the investigation. The Court noted that his conduct, which included publishing videos and making public statements about the ongoing investigation, violated the conditions of his bail.
The Court emphasized that interim bail is not an absolute right but a judicial concession subject to compliance with strict conditions. The ruling stated, "Any conduct that disturbs the balance between the liberty of the accused and the fairness of the investigation cannot be overlooked."
In light of the allegations, the Court has mandated an independent medical evaluation of Shankar by a Government Medical Board to verify his health claims, which were the basis for the interim bail. The evaluation aims to ensure that the medical grounds for bail remain valid and are not being misused.
Additionally, the Court imposed new restrictions on Shankar. He is prohibited from making any public statements regarding the case, interacting with co-accused or witnesses, and must confine his movements to medical and legal consultations only. Any violation of these conditions may lead to the cancellation of his bail.
The ruling also highlights the importance of responsible journalism and cautions digital media professionals to adhere to high ethical standards to maintain public trust, especially in sensitive legal matters.
The case is scheduled for further proceedings on February 3, 2026, when the Medical Board's report will be reviewed.
Bottom Line:
Interim bail granted on medical grounds can be cancelled or modified if the accused violates bail conditions or engages in conduct that obstructs investigation or intimidates witnesses.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023, Sections 296(b), 353(1)(c), 308(5), 61(2), 351(3)
- Constitution of India, Article 19(1)(a)
State of Tamil Nadu v. A.Kamala, (Madras)(DB) : Law Finder Doc id # 2843102
