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Kodanad case accused withdraw plea against personal appearance

January 29, 2019 12:30 am | Updated 12:30 am IST - CHENNAI

HC was reluctant to interfere with Sessions Court order

K.V. Sayan and C. Valayar Manoj, the accused in the 2017 Kodanad estate heist-cum-murder case, on Monday withdrew the petitions they had filed in the Madras High Court against a Sessions Court’s insistence on their personal appearance on Tuesday. The petitions were withdrawn after Justice N. Anand Venkatesh expressed reservations about entertaining them.

According to the petitioners, the crime took place in the estate owned by former Chief Minister Jayalalithaa on April 23, 2017, and they were arrested the same year. A Judicial Magistrate in Kotagiri granted conditional bail to Sayan on September 11, 2017, and a Sessions Court in Nilgiris district modified those conditions.

The Sessions Court granted bail to Manoj as well on December 15, 2017. Recently, the two accused gave an interview to Delhi-based journalist Mathew Samuel and claimed to have committed the crime at the behest of Chief Minister Edappadi K. Palaniswami. A documentary featuring their interview was circulated widely on social media.

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Immediately, the Kotagiri police filed a petition before the Sessions Court to cancel their bail on the ground that they were attempting to tamper with the evidence in the case. After entertaining the plea, the trial court ordered notices to the duo for filing their counter-affidavits and also directed them to be present in person on Tuesday.

Taking exception to such an order for their personal appearance, the petitioners apprehended that their bail might be cancelled on Tuesday, and they might get arrested immediately. However, State Public Prosecutor A. Natarajan claimed that their apprehension was unfounded.

After hearing both sides, Justice Venkatesh said it may not be appropriate for him to interfere in the matter at this stage because the Sessions Court had the power to summon an accused, especially when the latter had executed a bond, at the time of obtaining bail, undertaking to appear before the court as and when required.

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