The Hindu : Tamil Nadu News : Hearing on bail plea in assault case adjourned

Online edition of India's National Newspaper
Wednesday, Dec 22, 2004

Tamil Nadu

Tamil Nadu

Hearing on bail plea in assault case adjourned

By Our Staff Reporter

CHENNAI, DEC. 21. Hearing on the Kanchi Acharya, Sri Jayendra Saraswathi's bail petition in the `Radhakrishnan assault case' was today adjourned to December 23 after the prosecution insisted on sufficient time to file a counter-affidavit.

When the matter came up before Justice R. Balasubramanian, senior counsel for the prosecution, K.T.S. Tulsi, said the counter was necessary because "there is an apprehension that the Acharya would tamper with evidence." To this, while the judge said the Acharya could be directed to "stay outside" to foil such a possibility, senior counsel for the petitioner, I. Subramaniam, submitted, "you can incarcerate a person by an order of the court, not because of an adjournment."

When Mr. Tulsi pointed out that the Acharya was already in judicial custody in connection with the `Sankararaman murder case,' and wanted to know why the petitioner's counsel should be agitated over the adjournment, Mr. Subramaniam said, "because I am inside while you are outside."

He further said the Acharya need not be given any special treatment. "Treat me like any other person. In assault cases, if the victim is discharged from hospital it is a valid ground for bail. There is no need for any counter-affidavit. If they want to file one, let them do it today or tomorrow."

To this, Mr. Tulsi asked, "how can he dictate terms to the prosecution. The Acharya is in jail in any case, and the prosecution is entitled to file a counter." He also said there was no "inflexible rule that bail should be granted in an assault case. There are any number of cases where bail is not granted for such offences." Mr. Tulsi further noted that the reason for the petitioner's side getting agitated "is that between now and Thursday there may be more materials [against the Acharya]."

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