IN
THE COURT OF JUDICIAL MAGISTRATE NO.1, KANCHIPURAM
PRC
NO. /2005
FINAL
REPORT UNDER SECTION 173(2) Cr.P.C.
IN
B2, VISHNUKANCHI PS CR. NO. 914/2004 UNDER SECTION 120(B), 302, 449,213, 214,
201 IPC WITH SECTION 109 AND 34 IPC
Sec.
173(2)(1)(a): The names of Parties:
State represented by
Addl. Superintendent of Police,
Prohibition and Enforcement Wing,
Kanchipuram
Vs
A1 Subramanian
@ Jayendra Saraswathi (70/04)
S/o Mahadeva Iyyar
Erulneeki, Mannarkudi now at
Sri Sankara Mutt, No.1, Salai Street
Periya Kanchipuram
Approver
P.Subramaniam @ Ravi Subramaniam (49/04)
S/o K.Panchapakesan
20/128 Rameswaram Road, T.Nagar
Chennai 600017
A2
Sankaranarayanan @ Vijayendra Saraswathi (35/04)
S/O M.Krishnamoorthy
Sri Sankara Mutt, No.1, Salai Street
Periya Kanchipuram
A3 N.Sundaresan (67/04)
S/O S.P. Natesa Sasthirigal
Manager,
Sri Sankara Mutt, No.1 Salai Street
Periya Kanchipuram
A4 M.K. Raghu (29/04)
S/o M. Krishnamoorthy
Sri Sankara Mutt, No.1 Salai Street
Periya Kanchipuram
A5 K.G. Krishnaswamy @ Appu (49/04)
S/O K.G.Gopal Reddy
5, IX Cross Road
MKB Nagar, Chennai 600039
A6 Kathiravan (32/04)
S/O Manickam
No.9A, V.V.Giri Street
Sathiya
Garden, Saligramam
Chennai 600093
A7 Rajinikanth @ Chinna @ Rajinichinna (29/04)
S/o P.Sugunan
No.32/54 Jeevanantham Street
GKM Colony, Chennai 600082
A8 Ambigapathy @ Ambi (31/04)
S/o Rajagopal
No.14, Pillaiyar Koil Street
Venkayamandi,
Maduravoil, Chennai
A9 M.Bhaskar @ Madu Baskar (24/04)
S/o Muthu
26 Karunanithi Street
Annai Anjugam Nagar
GKM Colony
Chennai 600082
A10 K.S.Kumar (34/04)
S/o Shankar
No.65 Rajan Nagar Main Road
Kolathur, Chennai 600099
A11 Anandakumar @ Anand (22/04)
S/o Chinnaian
No.15, 37th Street
GKM Colony, Villivakkam
Chennai 600082
A12 Anilkumar @ Anil (25/04)
S/o Dennis Paul
No.562/A, Saraswathi Nagar
Thirumullaivoil, Chennai 600062
A13 Meenakshisundaram @ Sundar (32/04)
S/o N.Veerasamy
4/30 Palai
Street, MGR Nagar
Chennai 600078
A14 R.T.Palani
(36/04)
S/o Thandavarayan
No.10, 7th Padasalai Street
Jaffarkhanpet
Chennai 600083
A15 Ravi @
Kuruvi Ravi (34/04)
S/o Parama Guru
No.27 Bhurma Colony,
Ekkattuthangal
Chennai 600097
A16 Arumugam (22/04)
S/o Palanisamy
No.37, 2nd Street, Jothi Nagar
Ekkattuthangal
Chennai 600097
A17 Pandian @ Thil Pandian (22/04)
S/o Thangavel
No.80/26 Mugapare Road
Mannurpet, Padi,
Chennai 600050
A18 Satheesh (22/04)
S/o Krishnamurthy
No.12 Panjaliamman Koil Street
Ambedkar Nagar, Arumbakkam
Chennai 600106
A19 Devaraj (37/04)
S/o Anandan
No.10/30 30th Street
MGR Street,
Puttmedu, GKM Colony
Villivakkam, Chennai
A20 Arun (19/04)
S/o Umesh Balan
No.4, Thanthai Periyar Kudil
Puttmedu, GKM Colony
Villivakkam, Chennai
A21 Arumugam (24/04)
S/o Ramachandran
Arjunamedu,
Thiruverkadu, Chennai
A22 Sekhar (27/04)
S/o Arunachalam
No.47, 32nd Street
Jeevanandan Street
GKM Colony
Villivakkam, Chennai-82
A23 Silverstar @ Stalin (24/04)
S/o John Arokiya Dass
No.74/36 Dr.Jayaprakash Street
GKM Colony, Villivakkam
Chennai 600082
A24 Senthilkumar (24/04)
S/o K.Vaithiyalingam
No.45/25 Balaji Nagar
1st Main Road
Ekkattuthangal, Chennai 600097
(2)(i)(b): The Nature of Information:
On 3.9.2004 at 18.30 hours, on
information, the Inspector of Police, Vishnukanchi PS, Kanchipuram, reached the
place of occurrence at Varadharaja Perumal Temple, Chinnakanchipuram and
received a report from one N.S.Ganesh S/o Shanmugham, a jewel accountant of the
said temple, where in he has stated that one Sankararaman, Manager of the
temple was hacked to death by two unknown persons with aruvals at the temple
office at about 5.45 p.m. and they escaped from the scene of crime along with
their three other associates in three motorcycles, and the deceased was found
to have sustained cut injuries on his head, above the neck, centre of the head
and on his left hand little finger. Then they informed the fact of such murder
to the temple authorities and also to the police. Then the police personnel
came to the scene of crime and the report was given by him.
On receipt of the same report, the
Inspector of Police, Vishnukanchi PS returned to the police station on 3.9.2004
at 7.00 p.m. and registered a case in Cr.No.914/2004 of Vishnukanchi PS u/s.
302 r/w 34 IPC and took up investigation.
During the course of investigation, on
4.9.2004, the Inspector of Police seized several documents, including the copy
of the letters said to have been written by the deceased Sankararaman, to A1.
Jayendra Saraswathi @ Subramaniam from the house of deceased situated in Door
No.74, South Mada Street, Chinnakanchipuram, handed over by the wife of deceased
namely Padma. Through these letters, the deceased Sankararaman ventilated his
grievances against A1. Jayendra Saraswathi and A2 Vijayendra Saraswathi and
condemned the activities of A1 and A2 in respect of Sankara Mutt Administration
and the personal character and conduct of A1 and A2, which infuriated A1 and A2
in such a manner which created deep animosity against Sankararaman to the
extent of annihilating him.
On 17.9.2004, consequent to the
proceedings of the Superintendent of Police, Kanchipuram vide in
C.No.263/Camp/KPM/2004, dated 17.9.2004 the Additional Superintendent of
Police, Prohibition Enforcement Wing, Kanchipuram has taken up further
investigation in the above said case.
While the investigation was pending with
Additional Superintendent of Police, the following five fake accused namely A16
Arumugam, A17. Pandian @ Thil Pandian, A18 Satheesh, A19 Devaraj and A20 Arun
have been surrendered before the Court of XV Metropolitan Magistrate, George
Town, Chennai in the above case on 27.10.200 the instigation and facilitation
of A13 Sundar @ Meenakshisundaram, A14 Palani and A15 Ravi @ Kuruvi Ravi as
directed/instructed by A7 Rajini Kanth @ Chinna and A9 Mattu Baskar, who obeyed
the command of A6 Kathiravan with a view to cause disappearance of the evidence
of the offence of murder and to screen the real offenders and to escape from
the clutches of law and to misguide the investigation by furnishing such false
information.
All the said five fake accused who
remanded before the court of XV Metropolitan Magistrate, Chennai have been
taken into police custody on 3.11.2004 and their interrogation disclosed the
above said facts and also the involvement of A1. Jayendrar to a certain extent.
Pursuant to their respective confessions, the amount given to them for such
illegal purpose by A6 Kathiravan, who dispersed such amount belonging to
sankara Mutt, Kanchipuram obtained from A1 Jayendrar and the Manager of the
Mutt A3 Sundaresan, through A5 Krishnasamy @ Appu and approver Ravi
Subramaniam, were recovered on 3rd and 4th day of November 2004.
Subsequent to the disclosure of facts by
the above mentioned five fake accused and also other evidence gathered during
the course of investigation, A14 Palani and A15 Ravi @ Kuruvi Ravi were
arrested on 5.11.2004. In pursuant to their respective confessions two Cell
phones used by them, and an amount of several thousands were recovered and the
A13 Sundar @ Meenakshisundaram who was arrested on 6.11.2004 and in his
confession, a cell phone, amount of several thousands and other materials were
recovered.
The interrogation of several accused
coupled with other materials collected during the investigation clearly
established
that A10 Kumar and A11 Anand @ Anandakumar
had actually participated in the commission of murder of Sankararaman and were
arrested on 6.11.2004 at 14.30 hours and 16.30 hours respectively at
Kanchipuram and on the confession of A10 Kumar, a cell phone, some cash amount
were recovered including the motorcycle (Yamaha) with No.TN-22U-3267 which was
used for the offence of murder of Sankararaman on 3.9.2004. On the confession
of A11 Anand @ Anandakumar, a cell phone, some cash amount and a knife used in
the commission of the offence of murder were recoverd. A10 Kumar who voluntary
surrendered before Revenue Inspector, Kanchipuram on 6.110.2004 has given a
statement which was forwarded to the police.
On 5.11.2004, A23 Silver Star @ Stalin and
on 6.11.04 the A22 Sekar were arrested and on the confession of A22 Sekar a
cell phone and some cash amount were recovered. On 7.11.2004 A24 Senthilkumar
and A21 Arumugam were arrested and on the confession of each accused, some
amount of cash were recovered. The alleged cash amount given to all the five
fake/false accused and others were dispersed through the A21 to A24, to their
respective family members and thereby A21 to A24 facilitated the surrender of
all such false accused.
On 5.11.2004, A9 Madu Baskar @ Baskar, the
actual assailant involved in the commission of murder of Sankararaman
surrendered himself before the Court of DM/JM Thiruvotriyur and such fact was
known to the police later.
On 9.11.2004, A7 Rajinikanth @ Chinna who
actually participated in the commission of murder of Sankararaman, and A6
Kathiravan who actively took part in the conspiracy meeting with A1 to A5, and
also instrumental for the alleged money disbursement for the surrender of false
accused, were arrested, at Koyembedu junction at 100 feet road, Chennai at
10.30 p.m. On the confession made by A7 Rajinikanth @ Chinna, three motor cycles
bearing Reg.No.TN-09D-9851, TN-04A-1013 and TN-01Z-1372 which were used on the
date of commission of murder on 3.9.2004 were recovered and on the confession
of A6 Kathiravan, a nokia cell phone No.98404-88588 and a cash amount of
Rs.30,000 were recovered from his house situated at Saligramam, Chennai.
Further A6 Kathiravan has voluntarily given a confessional statement under
section 164 (2) Cr.P.C. wherein he has disclosed the involvement of A1 to A5.
in the commission of the offence of murder of Sankararaman. Further a revolver
belonging to A5 Appu @ Krishnasamy was recovered from the possession of A6
Kathiravan.
On 11.11.2004, at 22.00 hours in Andhra
Pradesh, Mehaboob Nagar District, Mehaboob Nagar, at Suriyalakshmi Cotton Mill
Guest House, A1 Jayendrar Saraswathy @ Subramaniam, who is the prime accused
and main instrument for causing the death of Sankararaman was arrested and on
his confession on 21.11.2004 while in police custody, four documents namely the
letters written by the deceased Sankararaman under the guise of
Somesekaraganapadigal to A1 Jayendrar along with a telephone directory and a
cell phone charger were recovered at the instance of A1. Jayendrar and handed
over by witness Neyveli Krishnamurthy. Earlier on 13.11.2004 and 14.11.2004 a
telephone directory used by A1 Jayendrar and a Reliance cell phone No.93643
24348 used by A1 Jayendrar were recovered in connection with this case.
On 17.11.2004, A8 Ambi @ Ambigapathy who
is actual assailant has surrendered before the court of Judicial Magistrate,
Alandur and while in police custody on 25.11.2004 a knife with blood stains,
used in the commission of the offence of murder of Sankararaman, and his blue
shirt were recovered from his house at Maduravoil, Chennai and a motor cycle
with TN-02L-0469 was also seized from Kolathur, Chennai based on his
confession. On the same day at 17.00 hours, a gold jewels and a pawn receipt
dated 20.9.2004 at 18.00 hours, a gold chain and a pawn receipt dated 29.9.2004
were also recovered.
On 24.11.2004, A12 Anil @ Anilkumar, who
took part in the commission of murder of Sankararaman on 3.9.2004, was arrested
near Police booth in Central Railway station, Chennai at about 11.00 a.m. and a
knife with bloodstains alleged to have been used by A9 Madu Baskar @ Baskar in
the commission of offence was recovered from his house and a motor cycle with
No.TN-02S-4479 and other connected documents were also recovered from his house
on 25.11.2004 at 14.00 hours based on his confession.
One of the prime accused A5 Appu @
Krishnasamy who was absconding for a long time and who was responsible for
organising hire lings to execute the common design of conspiracy was arrested
on 19.12.2004 at 3.30 p.m. in Balakrishnapuram, Chittoor District, Andhra
Pradesh and while he was on police custody on 20.12.2004, the following
materials namely two copy of receipts for alleged lump sum payment given by
Approver Ravi Subramaniam at the instance of A1 Jayendrar, for such purpose,
pursuance to the said conspiracy. Savera Hotel bills for stay of witness
Krishna Ella on the evening of 3.9.2004, on the date of commission of offence,
one revolver license pertaining to the revolver seized from A6 Kathiravan and
other documents including a huge recovery of 385 piece of red sandalwood to the
extent of 70 tonnes, worth about several lakhs as he was not found with any
valid license for such huge possession and export, and for which a separate
report was sent to the concerned department for taking appropriate action.
The Sankara Mutt Manager, Kanchipuram A3
Sundaresan, a co-conspirator who took part in the conspiracy hatched at Sankara
Mutt, and also played a vital role in disbursement of hireling amount to the
approver Ravi Subramanian, to execute the common design of conspiracy was
arrested on 24.12.2004 at 19.15 hours, at Kanchipuram, and based upon his
confession, certain incriminating documents namely cheques and vouchers to
prove the disbursement of hireling amount to the approver Ravi Subramaniam
under the guise of genuine transactions, and a cell phone No.98842-22354 which
was used by him, were recovered.
A4 Raghu, the brother of A2 Vijayendra
Saraswathy who is also a co-conspirator, and who took part in the conspiracy
hatched at Sankara Mutt, Kanchipuram was arrested on 30.12.2004 at 19.00 hours
in Kanchipuram and certain incriminating documents such as requisition letters
for conversion for demand draft, concerned with Indian bank and ICICI Bank, to
make use of the same for unaccounted purposes with a view to execute the common
design of conspiracy, and a cell phone No.98423-31314 which was used by him in
the above said transaction related to conspiracy aspects, were recovered based
on his confession.
A2 Vijayendrar Saraswathi who is a junior
Madathipathi at Sankara Mutt, Kanchipuram, who took active part in the
conspiracy hatched at Sankara Mutt, to eliminate Sankararaman, who exposed the
misdeeds of A1 Jayendrar and A2 Vijayendrar through various letters written by
him to Sankara Mutt, Kanchipuram, under the guise of Somasekara Ganapadigal,
was arrested on 10.1.2005 at 5.00 p.m. at Kanchipuram, and was remanded to
judicial custody on the same day. He was taken on police custody on 18.1.2005
during which he was given a voluntary confession admitting the facts and
circumstances of the case related to the conspiracy.
The prime accused/approver, who took part
in the conspiracy hatched at Sankara Mutt, Kanchipuram and other places, was
arrested on 26.12.2004 at 2.00 p.m. at Guruvayur, Kerala State, and produced on
27.12.2004 before the court of Judicial Magistrate No.II, Kanchipuram and was
taken into police custody on the same day, and some incriminating documents
such as two money receipts for Rs.6 lakhs + 20 lakhs respectively and a cheque
signed by him and A3 Sundaresan. Air ticket from Chennai to Mumbai, a photo of
Sri Guruvayurappan kept in the sweet box given by A1 Jayendrar on the occasion
of Krishna Jayanthy, a passenger list for return from Mumbai to Chennai, and a
notice for Kumbabishegam at Kadamalaiputhur, were recovered based on his
confession and remanded back to judicial custody on 29.12.2004. The voluntary
confession of Approver Ravi Subramaniam u/s. 164(2) Cr.P.C. was recorded on
31.12.2004 by learned Judicial Magistrate No.2 Kanchipuram after observing all
legal formalities, wherein he has disclosed the participation of A1 Jayendrar
to A6 Kathiravan, in the commission of offence of murder of Sankararaman
relating to conspiracy aspects. Later on 17.12.2004, a requisition was given
before the court of Chief Judicial Magistrate, Chengalpatu to initiate proceedings
u/s 306 Cr.P.C. along with certified copy of sec. 164(2) statement. After
observing all legal formalities the learned Chief Judicial Magistrate,
Chengalpattu was pleased to tender pardon to the accused Ravi Subramaniam on
20.1.2005 and then he was taken as an approver in the above case.
Sec.173(2)(i) (c): The names of the person
who appear to be acquainted with the circumstances of the case:
The names of the witnesses who appear to
be acquainted with the circumstances of the case of appended in Annexure No.I
(2)(i)(d):- Whether any offence appear to
have been committed and if so, by whom:-
The following accused appear to have been
committed the following offences:-
(i) A to A24 u/s. 120 B IPC, and Sec. 120
B r/w 302, 449, 201, 109 and 34 IPC.
(ii) A8 and A9 u/s. 302 IPC and 34 IPC and
449 IPC
(iii) A10 u/s.449 IPC and 302 r/w 109 IPC
(iv) A7, A11 and A12 u/s. 302 r/w 109 IPC
(v) A7, A9, A13 to A15 u/s. 214 r/w 302
IPC 109 IPC r/w 201 r/w 302 IPC
(vi) A16 to A20 u/s. 213 r/w 302 IPC, 201
IPC r/w 302 IPC
(vii) A21 to A24, U/s. 109 r/w 201 IPC r/w
302 IPC
CHARGES:-
CHARGE NO. I:-
The accused A1.Subramani @ Jayendra
Saraswathi, A2.Vijayendra Saraswathi, A3.Sundaresan, A4.Raghu, A5.Krishnaswamy
@ Appu, A6.Kathiravan, A7.Rajini Chinna, A8.Ambigapathy, A9.Madu Bhaskar,
A10.K.S.Kumar, A11.Anandakumar, A12.Anilkumar, A13.Sundar @ Meenakshisundaram,
A14.R.T.Palani, A15.Ravi @ Kuruvi Ravi, A16.Arumugam, A17.Pandian @ Thil
Pandian, A18.Satheesh, A19.Devaraj, A20.Arun, A21.Arumugam, A22.Sekhar,
A23.Silverstar Stalin and A24.Senthilkumar noted in the final report along with
approver Ravi Subramaniam, in between several months prior to 03.09.2004 and
September 2004, met at several places viz. Kanchipuram and Chennai and other
places and agreed to do an illegal act of committing murder of Sankaraman by
illegal means due to long standing enmity pending between pending between
Sankaraman, the Manager incharge of Varadharaja Perumal Temple, Chinna
Kanchipuram and A1.Jayendrar, A2.Vijayendrar and A4.Raghu, as the deceased has
exposed the misdeeds as well as assassinating the personal character and
co0nduct of A1.Jayendrar, A2.Vijayendrar and A4.Raghu, and relating to the
maladministration and affairs of Sankara Mutt, Kanchipuram through various
letters addressed to A1.Jaendrar and Sankara Mutt, Kanchipuram under the guise
and name of Somasekaraganapadigal, and thus humiliated, and infuriated and
intimidated them, which resulted to have a final decision of eliminating
Sankararaman in consultation with the other accused A3.Sundaresan, A4.Raghu,
A5.Appu @ Krishnasamy and A6.Kadiravan along with approver Ravi Subramaniam,
specifically on 1.9.2004 at Sankara Mutt, Kanchipuram, consequent to the
receipt of the final notice threatening A1 and A2 to face serious consequences
sent by said Sankararaman, since the earlier compromise with deceased
Sankararaman was ended in futile.
And in turn the approver Ravi Subramaniam
A5.Appu @ Krishnasamy and A6.Kadiravan made arrangements to procure hirelings
A7.Rajini Chinna, A8.Ambigapathy, A9.Madu Bhasakar, A10.K.S.Kumar,
A11.Anandakumar and A12.Anilkumar who are the actual assailants and to make
arrangements for surrender of A16.Arumugam, A17.Pandian @ Thil Pandian, A18.Satheesh,
A19.Devaraj and A20.Arun with a view to cause disappearance of evidence and to
conceal the real assailants from the clutches of law with the aid and
facilitation of A13.Sundar @ Meenakshisundaram, A14.R.T.Palani, A15.Ravi @
Kuruvi Ravi, A16.Arumugam, A17.Pandian @ Thil Pandian, A18.Satheesh,
A19.Deevaraj, A20.Arun, A21.Arumugam, A22.Sekhar, A23.Silverstar Stalin and
A24.Senthilkumar conspired to execute the common design of the conspiracy to
cause the death of Sankararaman and to the post events of the commission of
murder of Sankararaman and to take a decision as per the needs and situation
warranted thereof:
And in pursuance of such conspiracy to
eliminate said Sankararaman each one did their best as per the needs and
circumstances prevailed, in one way or other and did commit brutal and cold
blooded murder of Sankararaman on 03.09.2004 at about 5.30 PM in Varadharaja
Perumal Temple, Chinna Kanchipuram and thereby A1.Subramani @ Jayendra
Saraswathi, A2.Vijayendra Saraswathi, A3.Sundaresan, A4.Raghu, A5.Krishnaswamy
@ Appu, A6.Kathiravan, A7.Rajini Chinna, A8.Ambigapathy, A9.Madu Bhaskar,
A10.K.S.Kumar, A11.Anandakumar, A12.Anilkumar, A13.Sundar @ Meenakshisundaram,
A14.R.T.Palani, A15.Ravi @ Kuruvi Ravi, A16.Arumugam, A17.Pandian @ Thil
Pandian, A18.Satheesh, A19.Devaraj, A20.Arun, A21.Arumugam, A22.Sekhar,
A23.Silverstar Stalin and A24.Senthilkumar appear to have been committed an
offence punishable under section 120 B IPC and 120 B r/w 302, 449, 201, 109 and
34 IPC.
CHARGE NO. II:-
In pursuance of the conspiracy set out in
charge No.I and in the course of the same transaction, A6.Kathiravan, A7.Rajini
Chinna and A9.Madhu Bhaskar along with approver Ravi Subramaniam visited
Kanchipuram on 02.09.2004, a day prior to the commission of the murder of Sankararaman
with a view to locate the where about of Sankararaman and to fix the identity
of Sankararaman and sequel to such recee, the accused A7.Rajini Kanth @ Chinna,
A8.Ambigapathy @ Ambi, A9.Madu Baskar @ Baskar, A10.Kumar, A11.Anandkumar @
Anand, A12.Anil Kumar @ Anil, came to Varadharaja Perumal Temple, Chinna
Kanchipuram on 03.09.04 at about 5.30 PM, riding in, three motor cycles, and
parked the same infront of the western entrance of Varadharaja Perumal Temple,
after made an enquiry and ascertained abut the whereabouts of Sankararaman at
his house situated near to the Temple.
After the availability of Sankararaman was
ascertained at his office, at Varadharaja Perumal Temple at abut 5.30 PM on
03.09.2004 by A7.Rajini Kanth @ Chinna, the other accused A8.Ambi @
Ambigapathy, A9.Madu Baskar @ Abaskar and A10.Kumar, committed house trespass
byentering into Varadharaja Perumal Temple, each one armed with Aruval, leaving
the A7.Rajinikanth @ Chinna, A11.Anandkumar @ Anand, A12.Anilkumar @ Anil near
the motor cycle parked infront of the said temple, with intent to cause the
death of Sankararraman, an offence punishable with death, and did the same
after such trespass and thereby A8.Ambigapathy @ Ambi, A9.Madu Baskar @ Baskar
and A10.Kumar appear to have been committed an offence punishable u/s 449 IPC.
CHARGE NO. III:-
In pursuance of conspiracy set out in
charge No.I and in the course of the same transaction, after committing such
house trespass, as set out in charge No.II, A8.Ambi @ Ambigapathy and A9.Madu
Baskar @ Baskar, effected entry into the office of Varadharaja Perumal Temple,
each one armed with Aruval a deadly weapon, at about 5.30 PM, on the same day
namely 03.09.2004, while A10.Kumar was doing the watching duty armed with
Aruval adjacent to the said office, within the premises of the temple, A8.Ambi
@ Ambigapathy and A9.Madu Baskar @ Baskar cut Sankararaman with their
respective aruvals on his head and neck who was sitting in a plastic chair and
doing the work at the said office and caused his death instantaneously.
Thus A8.Ambi @ Ambigapathy and A9.Madu
Baskar @ Baskar did commit murder intentionally causing the death of
Sankararaman, and thereby A8.Ambi @ Ambigapathy and A9.Madu Baskar @ Baskar
appear to have been committed an offence punishable u/s 302 IPC.
CHARGE NO. IV:-
And in pursuance of the said conspiracy
set out in charge No.I and in the course of same transaction, A10.Kumar who
accompanied A8.Ambi @ Ambigapathy and A9.Madu Baskar @ Baskar, after committing
such house trespass as set out in charge No.II and who was doing the watching
duty armed with Aruval adjacent to the office inside Sri Varadaraja Perumal
Templea t the same day time and place, while A8.Ambi @ Ambigapathy and A9.Madu
Baskar @ Baskar committing the murder of Sankararaman with the common
contention of all (A8.Ambi @ Ambigapathy, A9.Madu Baskar @ Baskar and
A10.Kumar) and thereby A10.Kumar appear to have been committed an offence
punishable u/s 302, r/w 34 IPC and u/s. 109 r/w 302 as he has thus aided and
facilitated and abetted A8.Ambi @ Ambigapathy and A9.Madu Baskar in the
commission of the offence of murder of Sankararaman.
CHARGE NO.V:-
And in pursuance of the said conspiracy
set out in charge No.I and in the course of same transaction, at the same day,
time and place A7.Rajnikanth @ Chinna, A11.Anand @ Anandkumar and A12.Anil @
Anilkumar who were waiting near the respective motorcycles, in front of the
Varadharaja Perumal Temple to take away the actual assailants A8.Ambi @
Ambigapathy, A9.Madu Baskar @ Baskar and A10.Kumar, soon after the murder of
said Sankararaman and to flee away from the scene of crime, thus aided,
facilitated and abetted A8.Ambi @ Ambigapathy, A9.Madu Baskar @ Baskar and
A10.Kumar in the commission of the offence of the murder of Sankararaman and
which offece of murder was committed in consequences of such abetment made by
A7.Rajinikanth @ Chinna, A11.Anand @ Anandkumar, A12.Anil @ Anilkumar, and thus
A7.Rajinikanth @ Chinna, A11.Anand @ Anandkumar, A12.Anil @ Anilkumar appear to
have committed an offence punishable u/s 109 r/ 302 IPC, which offence would
not have happened but for such abetment.
CHARGE NO. VI:-
In pursuance of the said conspiracy set
out in charge No.I and in the course of the same transaction, during the month
of October 2004 at Chennai, A13.Sundar @ Meenakashisundaram, A14.Palani and
A1.Ravi @ Kuruvi Ravi at the instigation of A9.Madu Baskar @ Baskar and
A7.Rajinikanth @ Chinna had made arrangements to procure the fake accused
A16.Arumugam, A17.Pandian @ Thil Pandian, A18. Satheesh, A19.Devaraj and
A20.Arun by giving and spending several thousands of rupees to each one and
dishonestly made them to surrender before the court of XVth Metropolitan
Magistrate, George Town, Chennai on 27.10.2004, through an Advocate under the
guise of real accused involved in the commission of the murder of Sankararaman
case, knowing that they were not actually connected with the above said case
with a view to causing disappearance of evidence of the offence of murder of
Sankararaman and to screen the real offenders fro legal punishment and other
conspirators and did the same by such act and thus A13.Sundar @
Meenakshisundaram, A14.Palani and A15.Ravi @ Kuruvi Ravi abetted the above said
five false accused namely A16.Arumugam, A17.Pandian @ Thil Pandian, A18.Satheesh,
A19.Devaraj and A20.Arun to surrender before the said court and which offence
was committed in the consequence of the abetment made by A7.Rajinikanth @
Chinna and A9.Madu Baskar @ Baskar, A13.Sundar @ Meenakshisundaram, A14.Palani
and A15.Ravi @ Kuruvi Ravi and thus A7.Rajinikanth @ Chinna and A9.Madu Baskar
@ Baskar A13.Sundar @ Meenakshisundaram, A14.Palani and A15.Ravi @ Kuruvi Ravi
appear to have committed an offence punishable u/s 214 r/w 302 IPC, 109 r/w 302
IPC which offence would have happened but for such abetment.
CHARGE NO. VII:-
In pursuance of the said conspiracy set
out in charge No.I and in the course of same transaction, A16.Arumugam,
A17.Pandian @ Dhil Pandian, A18.Sathesh, A19.Devaraj and A20.Arun have
surrendered themselves before the court of XVth Metropolitan Magistrate,
Chennai knowing that they were not real accused concerned in murder of
Sankararaman case at the investigation and abetment of A7.Rajinikanth @ Chinna
and A9.Madu Baskar @ Baskar and A13.Sundar @ Meenakshisundaram, A14.Palani and
A15.Ravi @ Kuruvi Ravi as set out in charge No.VI, with a view to ‘causing
disappearance’ of evidence in the offence of murder of Sankararaman and to
screen the real offenders and others with a view to escape them from legal
punishment for monitory consideration, thereby A16.Arumugam, A17.Pandian @ Thil
Pandian, A18.Satheesh, A19.Devaraj and A20.Arun appear to have committed
offences punishable u/s 201 IPC r/w 302 & 213 r/w 302 IPC.
CHARGE NO. VIII:-
In pursuance of said conspiracy set out in
charge No.I and in the course of the same transaction the accused A21.Arumugam,
A22.Sekar, A23.Silverstar @ Stail and A24.Senthilkumar aided facilitated all
the five fake/false accused A16.Arumugam, A17.Pandian @ Thil Pandian,
A18.Satheesh, A19.Devaraj and A20.Arun, as set out in charge No.VII to
surrender them before the court of XVth Metropolitan Magistrate, Chennai in the
above said date, after making substantial money payments to the family members
of A16.Arumugam, A17.Pandian @ Thil Pandian, A18.Satheesh, A19.Devaraj and
A20.Arun, given to them by A6.Kadiravan, for such purpose and thereby
A21.Arumugam, A22.Sekar, A23.Silverstar @ Stalin and A24.Senthilkumar appear to
have committed an offence punishable u/s 109 r/w 201 302 IPC.
(2)(i)(e):- Whether the accused has been
arrested:-
All the accused namely A1.Subramani @
Jayendra Saraswathi, A2.Vijayendra Saraswathi, A3.Sundaresan, A4.Raghu,
A5.Krishnaswamy @ Appu, A6.Kathiravan, A7.Rajini Chinna, A8.Ambigapathy,
A9.Madu Bhaskar, A10.K.S.Kumar, A11.Anandakumar, A12.Anilkumar, A13.Sundar @
Meenakshisundaram, A14.R.T.Palani, A15.Ravi @ Kuruvi Ravi, A16.Arumugam,
A17.Pandian @ Thil Pandian, A18.Satheesh, A19.Devaraj, A20.Arun, A21.Arumugam,
A22.Sekhar, A23.Silverstar Stalin and A24.Senthilkumar and the approver have
been arrested as noted hereunder.
A1.Jayendirar Saraswathy @ Subramanian was
arrested on 11.11.2004 at 22.00 hours at Sathiyalakshmi Cotton Mill Guest House
at Mahaboob Nagar, Mahaboob Nagar District, Andhra Pradesh .
A2.Vijayendrar Saraswathy @ Sankaranarayanan
was arrested on 10.01.2005 at 5.00 PM at Sankara Mutt, Kanchipuram.
A3.Sundaresan was arrested on 24.12.2004
at 19.15 hours at Special Investigation Team Office, Kanchipuram.
A4.Raghu was arrested on 30.12.2004 at
19.00 hours at Special Investigation Team Office, Kanchipuram.
A5.Krishnasamy @ Appu was arrested on
19.12.2004 at 3.30 PM in Balakrishnapuram, Chittoor District, Andhra Pradesh.
A6.Kadiravan was arrested on 09.11.2004 at
10.30 PM in Koyambedu Junction at 100 Feet Road, Chennai.
A7.Rajinikanth @ Rajini Chinna was
arrested on 9.11.2004 at 10.30 PM in Koyambedu Junction at 100 Feet Road,
Chennai.
A8.Ambi @ Ambigapathy has surrendered
himself before the court of Judicial Magistrate, Alandur on 17.11.2004.
A9.Madu Baskar @ Baskar has surrendered
himself before the court of District Magistrate cum Judicial Magistrate,
Thiruvottriyur on 5.11.2004.
A10.Kumar was arrested on 6.11.2004 @
14.30 hours in Addl. Supdt. Of Police, Kanchipuram produced through Revenue
Inspector, Kanchipuram.
A11.Anand @ Anandakumar was arrested on
06.11.2004 at 16.30 hours in Kanchipuram Bus Stand.
A12.Anil @ Anilkumar was arrested on
24.11.2004 at 11.00 AM in Central Railway Station near Police booth in Chennai.
A13.Sundar @ Meenakshisundaram was
arrested on 6.11.2004 at 02.00 hours in MGR Nagar, Chennai.
A14.Palani was arrested on 5.11.2004 at
19.00 hours in Defense Colony ground, Near a Tea Shop in Chennai.
A15.Ravi @ Kuruvi Ravi was arrested on
5.11.2004 at 19.00 hours in Defense Colony Grouund near a Tea Shop.
A16.Arumugam has surrendered himself
before the Court of XV Metropolitan Magistrate, George Town, Chennai on
27.10.2004.
A17.Pandian @ Thil Pandian has surrendered
himself before the Court of XV Metropolitan Magistrate, George Town, Chennai on
27.10.2004.
A18.Satheesh has surrendered himself
before the Court of XV Metropolitan Magistrate, George Town, Chennai on
27.10.2004.
A19.Devaraj has surrendered himself before
the Court of XV Metropolitan Magistrate, George Town, Chennai on 27.10.2004.
A20.Arun has surrendered himself before
the Court of XV Metropolitan Magistrate, George Town, Chennai on 27.10.2004.
A21.Arumugam was arrested on 7.11.2004 at
1.30 PM on the back side of Karumariamman Koil, Thiruverkadu.
A22.Sekar was arrested on 6.11.2004 at
07.00 hours in GKM Colony, Chennai.
A23.Silverstar @ Stalin has surrendered
himself before the court of District Magistrate cum Judicial Magistrate,
Thiruvottriyur on 5.11.2004.
A24.Senthilkumar was arrested on 7.11.2004
at 11.00 AM in Kathipara Junction, Guindy, Chennai.
Approver Ravi Subramanian was arrested on
26.12.2004 at 2.00 PM in Guruvayur, Kerala State.
2(i) (f):-Whether the accused have been
released on his bond and if so, whether with or without sureties:-
No one is released on bail, except
A1.Jayendrar Saraswathy who was released on bail by the Supreme Court on
10.1.2005 in Crl.Appeal No.44 of 2005 arising out of S.L.P. (Crl.) No.6192 of
2004 on his furnishing of personal bond and two sureties to the satisfaction of
Chief Judicial Magistrate, Chengalpattu and with a condition that A1.Jayendrar
Saraswathy shall not visit the Mutt premises till the submission of charge
sheet.
2(i) (g):-
Whether the accused have been forwarded in
custody under section 170 Cr. P.C.:-
All the accused A1.Subramani @ Jayendra
Saraswathi, A2.Vijayendra Saraswathi, A3.Sundaresan, A4.Raghu, A5.Krishnaswamy
@ Appu, A6.Kathiravan, A7.Rajini Chinna, A8.Ambigapathy, A9.Madu Bhaskar,
A10.K.S.Kumar, A11.Anandakumar, A12.Anilkumar, A13.Sundar @ Meenakshisundaram,
A14.R.T.Palani, A15.Ravi @ Kuruvi Ravi, A16.Arumugam, A17.Pandian @ Thil
Pandian, A18.Satheesh, A19.Devaraj, A20.Arun, A21.Arumugam, A22.Sekhar,
A23.Silverstar Stalin and A24.Senthilkumar and the approver Ravi Subramanian
have been arrested in the place, date and time as mentioned above, and they
have been remanded to Judicial Custody within 24 hours, after their arrest.
Sd/-
Addl. Superintendent of Police,
Prohibition Enforcement Wing,
Kanchipuram
Chief Investigating Officer
Date: 21.01.2005