Date:09/06/2005 URL: http://www.thehindu.com/2005/06/09/stories/2005060914010800.htm
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Tamil Nadu

Anticipatory bail for advocate accused in murder case

Staff Reporter

CHENNAI: The Madras High Court on Tuesday granted anticipatory bail to an advocate, after he was arraigned as an accused in a murder case.

The vacation judge, Justice S.K. Krishnan, granted anticipatory bail to N. Vinayagamurthy, an advocate practising in Tiruvarur and Nagapattinam courts, after his counsel submitted that he was implicated because he had led agitations against the local police on several occasions.

Lakshmanan, a history-sheeter, was hacked to death by five persons, including Elangovan, on December 12, 2004. According to the prosecution, the reason for the murder was a dispute over the auction of a cycle parking lot at the Tiruvarur bus stand. All the five were rounded up by the police on December 15.

Mr. Vinayagamurthy came to know about the fact that he had been cited as an accused only after the judicial magistrate court issued summons to him. He was informed that his name had been included in the charge sheet, and that he was cited as sixth accused. Police said he had been named by the prime accused, Elangovan. Apprehending arrest, Mr. Vinayagamurthy moved the High Court for anticipatory bail.

Extraneous reasons

When the matter was taken up for hearing, the Madras High Court Advocates Association president, S. Prabakaran, submitted that Mr. Vinayagamurthy's name did not figure in the First Information Report, and that he was neither questioned nor sought to be arrested in connection with the murder. He was implicated by the local police only due to extraneous reasons. Including advocates as accused in criminal cases, on the basis of confessions from other accused, would have an adverse impact on their independence, he said.

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