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This is an archive article published on December 21, 2004

Seer moves HC for bail in assault case

The Kanchi Acharya Jayendra Saraswathi moved the Madras High Court on Monday, seeking bail in the Radhakrishnan assault case.The Acharya had...

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The Kanchi Acharya Jayendra Saraswathi moved the Madras High Court on Monday, seeking bail in the Radhakrishnan assault case.

The Acharya had originally moved the Principal Sessions Court but Judge P. Murugesan had refused him bail on December 10.

The Acharya then moved the Supreme Court with a special leave petition, which on December 17 directed him to first exhaust the option available to him at the Madras High Court. The petition contended the FIR did not disclose either the name or the identity or for that matter, any other particular of the accused. The investigating agency IA did not effect any arrest or recover anything in the past two years. It was done all of a sudden after a gap of two years.

Counsel for the acharya pointed out that the Kanchi acharya was arrested in this case based on the alleged confessional statement made by one Kathiravan, who was arrested on November 9 in connection with the Sankararaman murder case. He had, however, retracted his statement, the petition stated. There was thus no more justification for keeping him incarcerated, it reasoned.

The prosecution was also now disabled from seeking police custody. There was no possibility of the petitioner resorting to any act by which the free investigation in the case would be impeded. It added the petitioner was 70 years old and a chronic diabetic who needed constant medical attention, which the prosecution itself had admitted. The material witnesses had been examined and the identification parade was also over. It further said the Acharya would never misuse his liberty in the event of bail. The petition is likely to come up for hearing on Tuesday.

 

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