'How Can HC Set Up Enquiry Commission In Bail Application?' Supreme Court Stays Madras High Court Order

The Supreme Court today(January 28) issued notice on a plea challenging an anticipatory bail order in which the Madurai bench of the Madras High Court set up an enquiry commission to inquire into the allegations.A bench comprising Justice Sandeep Mehta and Justice NV Anjaria stayed the operation of the order to the extent that the High Court directed the setting up of an enquiry commission. Senior Advocate Gaurav Agarwal appeared for the petitioner.The petitioners are said to be trustees and are alleged to have swindled Rs. 1.75 crores and 17.5 kgs of gold. Vide an order dated December 15, 2025, the High Court ordered: "This Court intended to investigate by appointing a Commission. After consultation with all the parties, this Court is constituting a Commission by appointing Mr.Rajarajeshwaran, who is a Chartered Accountant to verify the accounts and Hon'ble.Mr.Justice.V.Sivagnanam (Retired) as a Judge Commissioner to verify the following:.."The High Court intended to investigate whether the trustees had sold the land belonging to the trust, etc. On perusing the bail order, Justice Mehta remarked: "High Court has encroached upon the domain of the IO [investigating officer] by this order. How is this permissible in a bail application? Was the High Court having supervisory jurisdiction in the bail roster? What is this, setting up an enquiry commission in a bail matter? Was this anyone's prayer?”One of the counsels for the Respondent submitted that the High Court passed an order based on the consent of the parties. However, Justice Mehta pointed out that the High Court consulted with parties, and consultation does not amount to consent. "Irrespective, the order is absolutely illegal," Justice Mehta averred.The Court ordered: "Petitioner is aggrieved by the directions given by the High Court in the impugned order to set up an enquiry commission while dealing with an anticipatory bail application. The petitioner apprehends that setting up of such commission may adversely affect him as well. Issue notice..In the meantime, the effect and operation of the impugned order in so far as setting up an enquiry commission is stayed."Case Details: CHIDAMBARAM PALANIAPPAN v THANNERMALAI AND ORS|Diary No. 1797-2026Click Here To Read/Download Order

'How Can HC Set Up Enquiry Commission In Bail Application?' Supreme Court Stays Madras High Court Order

Gursimran Kaur Bakshi

The HC has encroached into the domain of the Investigating Officer, the SC said.

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