"Police have registered a false case." - High Court

Publication: http://www.dinakaran.com
Date: January 29, 2005

Archakar Mathavan Attack Case: a startling decision granting 4 people anticipatory bail: High Court condemns Tamil Nadu Police

Justice Thanikachalam rendered a startling judgment granting bail to 4 persons, saying that [the charge] that Jayendrar instigated an attack on Archakar Madhavan was not credible and that [Madhavan] had been hurt in an accident.

The Supreme Court ordered bail Jayendrar Swamigal in the Sankarraman murder case. Hence, police registered a third case on Jayendrar Swamigal for the attack on Thirukotiyur Madhavan. They had planned to arrest Him in this case. At this stage, a TVS engineer Chellam, a consultant Seshadri, a PRO Raghunathan and Additional SP Muttukrishnan had petitioned the Chennai High Court. Judge Thanikachalam heard this case and granted anticipatory bail for all four. In his order, the judge said as follows:

"It does not look like anybody attacked Thirukottiyur Madhavan. Police have registered a false case. Looking at the police investigation report of this alleged attack case, it is clear that Madhavan was not attacked by anyone, and that his injuries are from an accident. The basis for this conclusion is that the injured person was immediately admitted to Apollo Hospital for treatment. When one examines the injuries he sustained, they appear to be only from an accident. That is why he has given a complaint to the police only after 3 months. Looking at this complaint, it is clear that he made his complaint to the police only on the insistence of someone else. I declare this case to have been fabricated by the police. I say this without any uncertainty whatsoever. At somebody's instigation, Madhavan has collaborated with the police to foist a false case. It cannot be accepted that he was attacked only on Jayendrar's instigation. There is not an iota of truth to the charges in this case. There is no credence to them. It is also not believable that Jayendrar was the cause for the removal of the Shiva murthy from Thirukarangudi Perumal Temple.

Hence I am granting anticipatory bail to all 4 petitioners. They will be required to present themselves before the investigating officers every week on Monday to give signature. They can avail bail after presenting Rs.5000 personal surety and like amont from 2 other individuals."

This is what the judge said in his decision.

Vijayendrar: Justice Thanikachalam postponed the hearing on Vijayendrar's anticipatory bail to the coming 4th [February]. Justice Thanikachalam granted bail to 3 accused in the Radhakrishnan attack case: Kumar, Kannan, Bhoominathan. Conditions of bail were that the petitioners have to present Rs5000 personal surety and two individual's guarantees for the same amount. "Since the others accused in the same case, Ananatakumar, Sunder, Meenakshi, Lakshmanan had been booked under the Goonda's Act, they could not be granted bail," the Judge said. "Hence I am dismissing their bail petitions."

translation from tamil by http://sankaracharyaarticles.blogspot.com/