In the Kanimozhi case, the CBI filed a chargesheet on April 25, 2011 and the court issued summons asking her to appear on May 6. She filed for bail which was rejected, and the court ordered her immediate arrest. She was later sent to jail. Kanimozhi was given bail in November 2011.
National Investigation Agency special public prosecutor Mr P. Vishnuvardhan Reddy said, “The offences by Mr Jagan Mohan Reddy and others in this case are non-bailable. There are two types of cases, warrants cases and summons cases. If the prescribed punishment is more than three years then it is a warrants case and if it is less than three years, then it is a summons case. This is a non-bailable and warrants case.”
“While taking cognisance of the offence in the chargesheet, the court has discretion. Generally, courts are bound to issue warrants under CRPC in a warrants case. However, it can issue summons after the appearance of the accused and can send the accused to judicial custody. Kanimozhi’s case is also there as a precedence. If the accused files for bail, the courts may consider it and act on it on its merits,” the PP said.
Meanwhile, former minister P. Shankar Rao's (de facto complainant in the case) counsel C. Mallesh Rao said, “Jagan has to definitely file a bail application after the court takes cognisance and issue summons. However, we are going to file protest petitions in the trial court against the CBI for not affecting the arrest of Mr Jagan Mohan Reddy.”
“Under Section 41 of CRPC, the police shall arrest the accused if it feels that the accused has committed an offence. We will also take up the issue in the High court seeking supervision of the Jagan and Emaar cases,” Mr Mallesh Rao said.