Ooty court warrants against 8 actors stayed

Justice S Vimala while passing the interim direction also ordered notice to the parties in a criminal restoration plea moved by the actors and adjourned the matter by two weeks for further hearing.

The issue pertains to a complaint filed by journalist Rozario Maria Soosai of Udhagamandalam on October 7, 2009 against actors – Surya, Sarathkumar, Sathyaraj, Vivek, Arun Vijay, Sri Priya, Cheran and Vijay Kumar – for allegedly degrading a Tamil daily on a report carried by it alleging that prostitution was rife in the Tamil film industry. Aggrieved by the statements of the actors, Rozario filed a criminal defamation complaint on November 13, 2009, against the eight actors.

But since the actors failed to appear before the judicial magistrate court in Udhagamandalam on May 15, 2017, the judge, Senthilkumar Rajavel, issued non-bailable warrants against them. The actors had contended that the proceedings against them, in respect of a case, where there is a finding that there are no prima facie materials to proceed against them, would amount to abuse of process of law and it would serve no purpose, except causing damage to their names and families and therefore, the non-bailable warrant issued against them must be ordered to be suspended. 

It was also pointed out that their non-appearance before the Judicial Magistrate was neither wilful nor negligent, but only on non-communication from the erstwhile counsel on record.

Justice Vimala in her order also held, “Considering the fact that, on an identical set of allegations, already this court had ordered quashing of the proceedings against these petitioner, this court is of the view that allowing non-bailable warrant to be executed would amount to the abuse of process of law.”