The Hindu : Tamil Nadu News : Judge raises queries on statutory bar to bail

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Friday, Dec 24, 2004

Tamil Nadu

Tamil Nadu

Judge raises queries on statutory bar to bail

By Our Tamil Nadu Bureau

CHENNAI, DEC. 23 . The Madras High Court today adjourned the hearing on the Kanchi Acharya, Sri Jayendra Saraswathi's bail application in the `Radhakrishnan assault case' to December 27.

After hearing the submissions by counsel for the Acharya, M. Sathyanarayanan, and the senior counsel, K.T.S. Tulsi, Justice R. Balasubramanian raised queries on the applicability of a statutory bar under Section 437(1)(i) of the Code of Criminal Procedure to granting bail in assault cases and the meaning of the term "punishable with" as given in legal lexicon. The court sought to ascertain whether the term referred only to maximum sentence enumerated in the code or even a lesser sentence.

Earlier, Mr. Sathyanarayanan argued that according to the prosecution the motive for the assault was the victim writing letters against the Acharya. Admittedly, no action was taken on those letters for about two-and-half years until one Kathiravan was arrested on November 9 in the Sankararaman murder case and he gave a confessional statement.

Referring to the prosecution's averment that one Sundar @ Sundaram had been arrested in connection with the case, Mr. Sathyanarayanan said it was mentioning that development for the first time and that the matter was never brought to the notice of the sessions court.

Counsel said the alleged recovery of two knives used by the assailants was made two years after the occurrence. The "normal yardstick" for enlarging on bail a person accused in an assault case was there before the court.

However, Mr. Tulsi reiterated that assault cases would also attract the bar to grant of bail. It would suffice if the court was enabled to punish the accused and that it need not actually punish him with life imprisonment. "Once the court is able to punish, the bar under Section 437 Cr.PC is attracted."

A counter-affidavit filed by the investigating officer said the release of the Acharya on bail would create a "non-conducive atmosphere for further investigation." Explaining the over two-year delay in the investigation, he said the breakthrough was effected only on November 6, when Sundar was arrested and his confession recorded. The arrest of the Acharya was also delayed as the investigation officer did not have any substantial material until Sundar was arrested. The recovery of weapons and the conduct of a test identification parade two years after the occurrence would not attract any illegality in the eyes of the law.

The investigation was still in a crucial stage, he said and wanted the Acharya's bail plea dismissed.

Kathiravan's plea

Bail applications moved by eight persons, arrested in the Sankararaman murder case, in the Kancheepuram District Sessions Court at Chengalpattu have been dismissed.

The petitions were moved by Kathiravan, one of the prime accused; `Dil' Pandian, Arumugam and Sathish, who were booked under Section 201 of the Indian Penal Code for surrendering before XV Metropolitan Magistrate Court, George Town in Chennai to divert the investigation directed against the real culprits; and Palani, `kuruvi' Ravi, Sekar and Sundaram, booked under Sections 201 and 120(B) for `enacting' the surrender drama in the Sessions Court during the last week of November.

K. Jayabalan, judge, Fast Track Court-I and district sessions judge (in charge) dismissed all the bail applications, according to K. Arumugam, public prosecutor, Chengalpattu.

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