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Madras High Court declines Kanchi seer bail
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            Nov 21, 2004 12:54 IST  
A Madras High Court judge Saturday rejected the bail application of Shankaracharya Jayendra Saraswathi, while another judge posted for Monday a state plea to extend his police custody by one more day.

A Madras High Court judge Saturday rejected the bail application of Shankaracharya Jayendra Saraswathi, while another judge posted for Monday a state plea to extend his police custody by one more day.

(The) investigation is at a threshold stage... the offence complained (of) is of a serious nature, said judge R. Balasubramaniam, rejecting the Kanchipuram mutt chief’s plea for bail from custody as prime accused in a murder case.
 
(During) the perusal of the case diary I find that there is prima facie material in the form of statements implicating the petitioner as the conspirator and money was furnished for the purpose of completing the objective.

I do not want to say anything more at this stage except that in the case diary there is prima facie material against the petitioner as contended by the state.

Balasubramaniam rejected the contention that Jayendra Saraswathi was not informed of the grounds of arrest when he was taken into custody.

He took note of the video recording of the arrest shown by the prosecution and said he could see and hear that the grounds of arrest had been told to the petitioner by the arresting officer.

The court found nothing wrong in the remand proceedings in the judicial magistrate’s chamber in Kanchipuram at 6.00 a.m. Friday either.

The judge accepted the state’s argument that this was done to avoid law and order problems.

Balasubramaniam also ruled in favour of police, rejecting the defence plea that an identification parade of the other accused was not held. It is for the police to decide whether a test identification parade is necessary or not... the court said.

The pontiff’s lawyers said they will contest the order in the Supreme Court.

Judge A.K. Rajan, who heard the Shankaracharya’s appeal against the police custody granted by a lower court in Kancheepuram Friday and public prosecutor K.T.S. Tulsi for police custody of the seer to be extended to Tuesday, said the order will be made Monday.

Meanwhile, senior Bharatiya Janata Party (BJP) and Vishwa Hindu Parishad (VHP) leaders like L.K. Advani and Atal Behari Vajpayee are expected to meet the seer in custody and launch a protest against the arrest.

Jayendra Saraswathi is the main accused in the murder of Sankara Raman, a temple official of Kanchipuram and former accountant of the mutt. He was arrested on Nov 11 in the neighbouring Andhra Pradesh. He was sent in 15-day judicial custody first and then remanded in police custody Friday.

Jayendra Saraswathi, who was in high security Vellore jail for a week, spent Friday night in police custody in an all-woman police station in Kanchipuram.

According to police sources in Kanchipuram, the pontiff was questioned on his links with Appu, the man police say was the leader of a gang of three that actually hacked Sankara Raman to death on Sep 3.

The pontiff has alleged that police had fabricated evidence to falsely implicate him.

--Indo-Asian News Service
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