The Hindu : National : ``Surrender of bogus accused was to shield the petitioner''

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Friday, Nov 19, 2004

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National

``Surrender of bogus accused was to shield the petitioner''

By Our Special Correspondent

CHENNAI, NOV. 18. The surrender of five `bogus accused' in the case relating to the murder of Sankararaman, manager, Varadarajaperumal temple at Kancheepuram in September, was a strategy clearly devised to screen the petitioner, K.T.S. Tulsi, senior counsel, appearing for the prosecution told the Madras High Court today, while opposing the bail plea of the Kanchi Acharya, Sri Jayendra Saraswathi.

Mr. Tulsi said documents asked for by the accused could not be given at this stage.

They would be made available at the appropriate time.

He quoted several High Court and Supreme Court rulings and said the merits and demerits of the case could not be gone into at this stage.

As regards the bail application, the court had only to see whether there was a prima facie case and also the nature and gravity of the offence.

In this case, the offence was a heinous one. The court should not be unduly influenced by the concept of liberty. Custodial interrogation was a statutory right of the prosecution.

There was no illegality in the Judicial Magistrate's order remanding the Acharya to judicial custody.

The procedure laid down in law was followed in the arrest, search and investigation.

There was now proof that the Acharya was trying to influence witnesses as was evident from the filing of affidavits such as the one by the Mutt's manager, Mr. Tulsi said and opposed the bail application at this stage.

Police custody

During the course of arguments, counsel said he had received information that the Judicial Magistrate court had granted police custody of the Acharya for five days.

After lunch recess, when the submissions resumed, the Judge, apparently referring to this, said there was an error in judgment.

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