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MONDAY, JAN. 24,2005 18.02IST

Radhakrishnan attack case; High Court Criticism of Police.
(Translated by: the team at sankaracharyaarticles.blogspot.com)

Chennai, Jan 24: The Chennai High Court queried what was the police doing the past 2 years on the Mandavalli Radhakrishnan attack case. The High Court opined that the police delay cast suspicion on the investigation. Judgement on the bail petition of the 6 accused has been reserved without any date set for announcement.

In September 2002, Mandavalli Radhakrishnan, his wife and servant were attacked. Kanchi Sankaracharya was arrested last November in this 2 year old case. While he was in prison for the Sankarraman murder case, police arrested him in this case also. In this case, the High Court granted bail to Jayendrar Swamigal. The bail petition of the 6 accused: Kannan, Ananda Kumar, Lakshmanan, Meenakshi Sundaram, Kumar, Bhoominaathan, was dismissed in the Cheif Sessions Court. All six filed a bail petition in High Court. These petitions came for hearing yesterday before Judge Thanikachalam. A. Natarajan was the attorney for the accused & on the police side, Criminal Prosecutor K. Doraiswamy made the arguments. This is what was said:

Natarajan: The accused Ananda Kumar and Meenakshisundaram have been booked under Goonda's Act.

Judge: In total, how many are in this case.

Natarajan: In total, there are 10.

Judge: What are the charges against the petitioners?

Natarajan: Anandakumar and Lakshmanan are accused of directly taking part in the crime, The others are accused of waiting outside to help these two escape. It is said that Radhakrishnan and his wife have identified Ananda Kumar and Lakshmanan. There is no eyewitness identification of the others. The people injured in the attack have also been discharged from the hospital. There was no identification parade conducted. Only photos have been shown.

Judge: When did the investigation begin.

Prosecutor Doraiswamy: THe investigation started last November.

Judge: Why was there this much delay to start the investigation? What are the intentions of the Government? Why wasn't the investigation conducted for these past 2 years? What was the police's participation in the past 2 years? What were they doing? How is the investigation agency being administered? Were the police praying for Vardaraja Perumal and Kanchi Kamakshi to come forward as eye-witnesses? This much delay casts suspicion on the investigation.

Prosecutor Doraiswamy: At that time, we did not have enough information.

Judge: Does your case diary say that you couldn't continue investigating for lack of information?

Prosecutor Doraiswamy: There was some slacking off in the investigation. While we were investigating another case (Sankarraman murder case) some matters came to light about this case.

Judge: Can I take it then that to investigate one crime, you were wating for another crime to occur? Radhakrishnan had even given you in writing about his attack.

Prosecutor: Unfortunately, no action was taken. When the fake accused were made to surrender, one of them was in custody at the time of the incident. It was only when that was investigated, that it became known that Meenakshisundaram arranged for the fake surrender. When Meenakshisundram was arrested and interrogated, he gave the details. In another case, Ravi Subramaniam has turned approver.

Judge: Apart from the confession statement in the court, are there any evidences against Kannan, Kumar or Bhoominathan?

Prosecutor: The weapon has been confisicated in this case.

Judge: You have confisicated after 2 years (Police has said that they found the weapon under a water tank). You found the weapon after 2 years - the court should believe this? Where is the forensic report on that?

This is how the hearing went in High Court.
After both lawyers completed their arguments, the Judge reserved judgment on the petition, without setting a date for the decision.


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