02-10-2005, 11:39 PM
Madras High Court finally learns something from the supreme court
Not enough evidence, so release junior seer on bail: Madras High Court
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->Chennai, February 10: Holding that there was insufficient evidence to establish the charge of conspiracy against Kanchi mutt junior seer Vijayendra Saraswathi in the Sankararaman murder case, the Madras High Court on Thursday directed that he be released on bail.
"For the limited purpose of establishing a prima facie case of conspiracy, the materials relied upon by the public prosecution appears to be insufficient", Justice M Thanikachalam held while allowing a bail application filed by the junior pontiff, who has been listed as the second accused in the case after senior seer Jayendra Saraswathi.
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Holding that the petitioner had made out a case for bail, if it was not otherwise barred, Justice Thanikachalam said the material relied on to rope in Vijayendra in the case "is not so strong as that against A-1 (Jayendra) and the role said to have been played by the petitioner is very limited, even according to the prosecution."
The judge recalled an observation by the apex court that the material relied on by the prosecution to show that the senior seer had conspired to murder Sankararaman may not be sufficient.
Observing that prosecution had strongly opposed the bail application on the ground that the junior Shankaracharya would "tamper" with witnesses, the judge directed him to file an affidavit before the CJM, stating that he would not tamper with witnesses or make any attempt to tamper with materials collected or connected in the case in any manner.
Regarding the possibility of tampering with witnesses, the judge pointed out that an accused, Ravi Subramanian, had turned approver and meddling with his statement may not arise for consideration.
As for the statements of other accused, their validity and admissibility were under a cloud, he said, adding that the statements of two witnesses Kannan and Subramaniam did not convey much.
He said after going through the confessional statement by co-accused Appu alias Krishnasamy, he was unable to find any material connecting the petitioner with the crime, whether in conspiracy or otherwise.<!--QuoteEnd--><!--QuoteEEnd-->
Not enough evidence, so release junior seer on bail: Madras High Court
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->Chennai, February 10: Holding that there was insufficient evidence to establish the charge of conspiracy against Kanchi mutt junior seer Vijayendra Saraswathi in the Sankararaman murder case, the Madras High Court on Thursday directed that he be released on bail.
"For the limited purpose of establishing a prima facie case of conspiracy, the materials relied upon by the public prosecution appears to be insufficient", Justice M Thanikachalam held while allowing a bail application filed by the junior pontiff, who has been listed as the second accused in the case after senior seer Jayendra Saraswathi.
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Holding that the petitioner had made out a case for bail, if it was not otherwise barred, Justice Thanikachalam said the material relied on to rope in Vijayendra in the case "is not so strong as that against A-1 (Jayendra) and the role said to have been played by the petitioner is very limited, even according to the prosecution."
The judge recalled an observation by the apex court that the material relied on by the prosecution to show that the senior seer had conspired to murder Sankararaman may not be sufficient.
Observing that prosecution had strongly opposed the bail application on the ground that the junior Shankaracharya would "tamper" with witnesses, the judge directed him to file an affidavit before the CJM, stating that he would not tamper with witnesses or make any attempt to tamper with materials collected or connected in the case in any manner.
Regarding the possibility of tampering with witnesses, the judge pointed out that an accused, Ravi Subramanian, had turned approver and meddling with his statement may not arise for consideration.
As for the statements of other accused, their validity and admissibility were under a cloud, he said, adding that the statements of two witnesses Kannan and Subramaniam did not convey much.
He said after going through the confessional statement by co-accused Appu alias Krishnasamy, he was unable to find any material connecting the petitioner with the crime, whether in conspiracy or otherwise.<!--QuoteEnd--><!--QuoteEEnd-->