Kumaresan, the counsel for Dayanithi, contended that the Magistrate had no powers to issue the NBW as the second anticipatory bail application by his client was pending before the high court. "This is trangressing into the powers of the high court."
Countering it, the AG said that case registered against Dayanidhi was of serious nature and he had been absconding. Dayanidhi could appear before the Magistrate court and get bail.
Once the NBW had been issued by the Magistrate, only he can recall it and the high court could not do that, he contended.
He also sought time to file his counter to the petition seeking to quash the October 15 NBW issued by the Magistrate.
Dayanidhi and his partner Nagarajan of the Olympus Granites Private Ltd have been charged of causing revenue loss of Rs.44 crore through illegal granite mining in Melur block.
An FIR had been registered against them under various sections of the Mines and Minerals Act, Tamilnadu Public Property Damage Act among others and special police teams are searching for them.