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

About Us
Contact Us


Front Page
News: Front Page | National | Tamil Nadu | Andhra Pradesh | Karnataka | Kerala | New Delhi | Other States | International | Opinion | Business | Sport | Miscellaneous | Engagements |
Advts:
Classifieds | Employment |

Front Page Printer Friendly Page   Send this Article to a Friend

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: Front Page | National | Tamil Nadu | Andhra Pradesh | Karnataka | Kerala | New Delhi | Other States | International | Opinion | Business | Sport | Miscellaneous | Engagements |
Advts:
Classifieds | Employment | Updates: Breaking News |

Clasic Farm


News Update


The Hindu Group: Home | About Us | Copyright | Archives | Contacts | Subscription
Group Sites: The Hindu | Business Line | The Sportstar | Frontline | The Hindu eBooks | The Hindu Images | Home |

Copyright 2005, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu