Magistrate refuses to remand Kodanad accused, seeks evidence

Asks if police conducted inquiry before arresting the duo

A Magistrate’s Court in Egmore on Monday refused to remand in judicial custody K.V. Sayan and Valayar Manoj, arrested on charges of “promoting enmity” and “public mischief” for dragging Chief Minister Edappadi K. Palaniswami’s name into the 2017 murder-cum-heist at late AIADMK leader Jayalalithaa’s Kodanad Estate.

Late on Monday, the police produced the duo before the Magistrate at her residence. At the time of going to the press, no decision had been taken.

Sources present in the court said that Magistrate A. Saritha asked the prosecution to substantiate its charge that by addressing a press conference naming the Chief Minister, Sayan and Manoj had “disturbed public harmony”.

The Magistrate is learnt to have asked if the police had first conducted inquiries with the complainant – AIADMK IT wing office-bearer Sathyan — before arresting the two from New Delhi on Sunday. She told the prosecution that she was prepared to remand the two accused in judicial custody if the evidence to substantiate charges against them was presented.

Charges slapped

The Chennai Cyber Crime Police had registered cases against former

Tehelka journalist Samuel Mathew, who released a video documentary in which it was claimed that the Chief Minister had a role in the Kodanad heist, Sayan, Manoj and three others on Mr. Sathyan’s complaint.

They booked them under Section 153A (Promoting enmity between different groups and doing acts prejudicial to maintenance of harmony), Section 505 (Statements conducing to public mischief) and other provisions of the Indian Penal Code.

Sayan and Manoj were grilled through the day at the office of the Commissioner of Police before being produced before the Magistrate. Journalists were denied entry into the court premises, which was guarded by police personnel.