HC grants anticipatory bail to lawyer

The Madras High Court today granted anticipatory bail to a Coimbatore-based lawyer against whom a complaint was made alleging execution of some property document by fraud and impersonation.
The court observed "lawyers are doing court work, chamber work, conveyancing. They are also acting as legal advisors giving their legal opinion. The opinion given by a lawyer is not binding. It is advisory in nature. The client may accept it, may not accept it or he may go for further opinion for another lawyer."
The petitioner Mohamed Anees was arraigned as the fifth accused in the case.
Justice P.Devadass, before whom the anticipatory bail application of Mohamed Anees came up, concurred with the submissions made by the counsel for Mohamed Anees.

In his order, the judge said "a legal professional cannot be implicated for his honest and bona fide discharge of his professional duty. However, there is a rider. If the legal professional participated in the commission of an offence, such conspiracy, common intention, abetment, then he will lose the status of a lawyer and he will have another status, namely, accused. This principle applies to panel advocates, bank lawyers, chamber lawyers and court lawyers."
"In this case, the petitioner is practicing on the civil side. He is also doing conveyancing. There is no convincing incriminating material that he had active participation in the commission of the crime with requisite mens rea (legal phrase to describe mental state of a person must have been while committing a crime for it to be intentional) along with the other accused persons."

"Petitioner examined, perused the documents and believed the representation of the person who has presented the document and discharged his professional duty. Further, the matter is also based on documentary evidence. In the facts and circumstances, I am inclined to grant him anticipatory bail," the judge said.
The judge then directed the petitioner to surrender before Judicial Magistrate No.VII, Coimbatore within 15 days of receipt of a copy of the order and directed him to execute a bond for Rs.10,000-with two sureties each for a like sum to the satisfaction of the Magistrate. He was further directed to appear before the Inspector of Police Anti-Land Grabbing Cell, Coimbatore as and when required for questioning.