The Hindu : Azhagiri bail plea dismissed

Online edition of India's National Newspaper
Thursday, May 29, 2003

Southern States

Southern States - Tamil Nadu

Azhagiri bail plea dismissed

By S. Vijay Kumar

MADURAI MAY 28. A bail petition of M.K. Azhagiri, son of the former Chief Minister, M. Karunanidhi, was dismissed by a Madurai court today.

The city police arrested Mr. Azhagiri last week in connection with the murder of the former DMK Minister, `Pasumpon' T. Kiruttinan, here on May 20 and lodged him in the Tiruchi central prison.

The plea came up for hearing in the first fast track court this morning.

The defence counsel, Premraj Ambrose, alleged that there was "no evidence linking Mr. Azhagiri with the murder before May 21 and the police acted upon an assumption that he would have conspired to kill".

Investigators were initially "fair-minded", assuring a probe into all angles, but later "implicated" the petitioner without any evidence. He claimed that there was no factionalism in the DMK as the party was democratic albeit some differences among cadres. He claimed that there was evidence to prove that Kiruttinan was involved in a dispute over a tank with Kattikulam villagers recently.

Mr. Ambrose wondered how the police could "pinpoint" Mr. Azhagiri when his name did not figure in the FIR and inquest report.

Several DMK cadres were taken into custody by the investigation team and "compelled" to give "false evidence", he charged.

The state public prosecutor, I. Subramaniam, strongly opposed the bail plea as the investigation was in a preliminary stage. Citing instances, he said there was a "simmering discontent" between Mr. Azhagiri and Kiruttinan, who was seen as a "stumbling block" to his political career.

Producing a copy of a letter allegedly written by Mr. Azhagiri to his father on April 24, counsel charged that the former was irked by the way the cadres raised slogans eulogising his brother, M.K. Stalin, at a protest meeting at Sivaganga. Besides charging that Kiruttinan was trying to split the family, Mr. Azhagiri was said to have stated, "such efforts should be nipped in the bud."

"The prosecution has gathered enough evidence to prove prima facie involvement of the accused. Bail cannot be granted to the petitioner unless this court comes to the conclusion that the case deserves to be thrown out at the threshold," Mr. Subramaniam argued and added that a custodial interrogation of the accused was essential.

In his order, the judge, S. Udayan, said, "Considering the arguments advanced on either side and also the circumstances of this case, particularly that the investigation is in a primary stage, this court is not inclined to grant bail to the petitioner."

Meanwhile, the four DMK functionaries — P.M. Mannan, Essar Gobi, Mubaraq Manthiri and `Karate' Siva — who were remanded to judicial custody early today, are reported to have complained to the magistrate that they were "tortured" and "compelled" to give "false evidence" against Mr. Azhagiri. They alleged that they were taken to various police stations and "harassed". Two of the accused claimed that the police recorded statements from them at "gun-point".

"The victims have sought treatment to the injuries suffered during interrogation," the DMK counsel, S. Mohan Kumar, said.

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