ITEM No.30 Court No. 1 SECTION II A

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No. 6192/2004
(From the judgement and order dated 08/12/2004 in CRLOP 36748/04
of The HIGH COURT OF MADRAS)

JAYENDRA SARASWATHI SWAMIGAL Petitioner (s)

VERSUS

STATE OF TAMIL NADU Respondent (s)

( With Appln (s), for bail and interim relief and taking affidavit on record and permission to file additional documents and exemption from filing O.T. and Office Report )
With

SLP (Crl.) No.6215/2004 (Jayendra Saraswathi Swamigal vs. State of Tamil
Nadu) (with appln. (s) for bail and directions and taking affidavit on
Record and exemption from filing OT and office report)

Date : 17/12/2004 These Petitions were called on for hearing today.

CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE G.P. MATHUR
HON’BLE MR. JUSTICE P.P. NAOLEKAR

For Petitioner (a)
in SLP 6192 Mr. F.S. Nariman, Sr. Adv.
Mr. I. Subramanian, Sr. Adv.
Mr. Venkateshwaran, Sr. Adv.
Mr. Subhash Gupta, Adv.
Mr. Krishna Kumar, Adv.

in SLP 6215 Mr. Gopal Subramanium, Sr. Adv.
Mr. M M Krishnamani, Sr. Adv.
Mr. Raju Subramaniam, Sr. Adv.
Mr. Arun Anbumani, Adv.
Mr. Krishna Kumar, Adv.

For Respondent (s) Mr. K T S Tulsi, Sr. Adv.
Mr. K. Duraiswami, Sr. Adv.
Mr. Subramanium Prasad, Adv.
Mr. R. Gopalakrishnan, Adv.

 

UPON hearing counsel the Court made the following

O R D E R

SLP (Crl.) No. 6192 / 2004

Issue notice in the special leave petition as also on the criminal misc. petitions for bail and for grant of interim relief.

The notice is made returnable in the first week of January, 2005.

The learned counsel for the respondent, present in the Court, takes notice.

On the appointed date of hearing, the respondent shall keep available in the Court for its perusal all the papers relating to investigation as also showing the status at which the investigation is.
In particular, the following documents shall be kept available in original accompanied by English translation thereof :

(1) The statements of confession said to have been made by accused Nos. 4 and 5 and the statements retracting the confessions.
(2) Particulars of bank account wherefrom money is allowed to have been withdrawn by the petitioner and paid to the assailants. A copy of the account maintained by the bank and passbook, if any, seized by the investigating team shall also be made available.
(3) The alleged dying declaration.
(4) The statement of witnesses who stated to have seen the assailants with the petitioner.

On a joint prayer made by the learned counsel for the parties, list the matter on 6th January 2005.

SPL (Crl.) No. 6215/2004

The petitioner has approached this Court by filing special leave petition against the order of the Principal Sessions Judge, Madras, bypassing the remedy available of filing a petition in the High Court.

We adjourn the hearing to be taken up on 6th January, 2005 with SLP (Crl.) No. 6192/2004.

In the meantime, we allow liberty to the petitioner to approach the High Court. We request the High Court to hear and decide the application expeditiously in the event of the petitioner filing an application in the High Court.

Sd/-

(O.P. WALIA)                                                                (RADHA R BHATIA)
COURT MASTER                                                         COURT MASTER

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