1. This appeal is filed against the final judgment and order dated 29.10.2004 passed by the Division Bench of the High Court of Judicature at Madras in Contempt Petition No. 397 of 2001 whereby the High Court held the Respondents therein guilty of the offence punishable under Section 2(c) of the Contempt of Courts Act, 1971 (in short 'the Act') and sentenced to undergo simple imprisonment for 7 days under Section 12 of the Act.
(a) Parithi Ilamvazhuthi-Respondent No. 1 herein was elected as Member of Legislative Assembly (in short 'MLA') of the Egmore Constituency, Chennai in the Elections held on 10.05.2001 to the Tamil Nadu State Legislative Assembly. Large scale violence and several attempts of booth capturing were reported on the day of election. In respect of the same, Crime No. 958 of 2001 was registered against his opposite party candidate John Pandian and others for various offences. Similarly, Crime No. 960 of 2001 was registered against Respondent No. 1 by one David for various offences. John Pandian was arrested on 10.05.2001 and remanded to judicial custody. Respondent No. 1 filed an application for anticipatory bail being Crl. M.P. No. 6244 of 2001 before the Sessions Court, Chennai and the same was dismissed on 16.05.2001 stating that the investigation is at an early stage and enlargement would hamper the investigation.
(b) On 17.05.2001, Respondent No. 1 was arrested and remanded to judicial custody. On the same day, Muthu Karuppan-the Appellant herein was appointed as Commissioner of Police, Greater Chennai City and assumed charge. On 21.05.2001, Respondent No. 1 moved an application for bail being Crl. M.P. No. 1379 of 2001 before the XIV Metropolitan Magistrate which was dismissed on the same day. On 22.05.2001, Respondent No. 1 moved an application for bail being Crl. M.P. No. 6277 of 2001 before the Principal Sessions Court, Chennai mainly on the ground that he has to attend the Assembly which has commenced on 22.05.2001 to take oath as MLA. On 23.05.2001, Respondent No. 1 was granted conditional bail by the Sessions Judge.
(c) On 24.05.2001, Rajendra Kumar, Inspector of Police, (L&O), Tamil Nadu-Respondent No. 2 herein, filed an application for cancellation of bail being Crl. O.P. No. 9352 of 2001 before the High Court of Madras and sought for stay of bail granted to Respondent No. 1 herein. On the same day, learned single Judge of the High Court stayed the order of grant of bail and ordered notice to Respondent No. 1 on the ground that the victim, namely, David is in a serious condition and the accused is in police custody. On 28.05.2001, on receipt of the said notice, Respondent No. 1 filed a counter affidavit submitting that the statement of Respondent No. 2 regarding police custody is false. On 29.05.2001, Respondent No. 2 filed his reply affidavit admitting that it was a mistake by oversight and the same is n........