The Hindu : Front Page : Hearing on bail cancellation to Acharya in assault case adjourned

Online edition of India's National Newspaper
Tuesday, Jan 18, 2005

Front Page

Front Page

Hearing on bail cancellation to Acharya in assault case adjourned

By Our Legal Correspondent

NEW DELHI, JAN. 17. The Supreme Court today adjourned by two weeks, at the instance of the Tamil Nadu Government, a special leave petition (SLP) filed by the State Government seeking cancellation of the bail granted by the Madras High Court to the Kanchi Sankaracharya, Sri Jayendra Saraswathi, in the Radhakrishnan assault case to enable the prosecution to file additional documents.

The Acharya, who was arrested on November 11, 2004 in the Sankararaman murder case, was granted bail by the apex court on January 10 and released from Vellore prison the next day. In the assault case, he was arrested on November 23 and High Court granted bail on January 3.

When the matter was taken up by a Bench, comprising the Chief Justice, R.C. Lahoti, and Justice G.P. Mathur, senior counsel for the State, K.T.S. Tulsi, submitted that since additional documents had to be placed, the hearing might be adjourned by two weeks. The Bench then asked counsel to file the "injury report" relating to the assault of Mr. Radhakrishnan and counsel agreed to do so.

The SLP said the High Court had erred in granting bail to the Acharya when the investigation showed that he was the lead conspirator. Injuries had been caused not only to Mr. Radhakrishnan but also to his wife and servant. The weapons used were long knives and the intention of the assailants was to kill. The High Court had erred in granting bail on the basis of lingering doubt under Section 439 of the Criminal Procedure Code.

The High Court had failed to appreciate that the confessional statements of the co-accused under Section 164 of the Cr.P.C clearly stated that the respondent had hatched a conspiracy, the SLP said. Following that conspiracy, the assailants had gone to Mr. Radhakrishnan's house and attempted to kill him. Hence, it sought the quashing of the impugned judgment and the cancellation of the bail granted to the Acharya.

Printer friendly page
Send this article to Friends by E-Mail

Front Page

News Update

Stories in this Section

Godhra fire accidental, says Banerjee panel

Lalu violated code: Election Commission

Naxalite groups pull out of peace talks

Life-term for two in gang-rape case

Sania creates a flutter

Hearing on bail cancellation to Acharya in assault case adjourned

England beats South Africa

Contributions to The Hindu Relief Fund

Roadmap for VAT

Setback to Reliance

Zhao Ziyang dead