JAYENDRA SARASWATHY SWAMIGAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition has been filed by Jayendra saraswathy Swamigal, Shankaracharya of kanchi Kamakoti Peetam under Section 406 Crpc seeking transfer of Sessions case No. 197 of 2005 pending before the principal Sessions Court, Chenglepet, to any other State, out side the State of Tamil nadu. The respondents arrayed in the transfer Petition are (1) State of Tamil nadu, (2) Director General of Police, Tamil nadu, (3) Shri Prem Kumar, Superintendent of police, Head of the Special Investigation Team (SIT) , (4) Shri S. P. Sakthivel. Chief Investigating Officer, SIT, besides respondent nos. 5 to 28, who are co-accused in the case. Except for respondent no. 5, P. Subramaniam @ Ravi subramaniam, who has been granted pardon and has turned approver, the remaining co-accused, namely, respondent nos. 6 to 28 are supporting the prayer for transfer of the case and some of them have filed affidavits in that regard.

(2.) An FIR was lodged at 7. 00 p. m. on 3.9.2004 at Police Station B-2, Vishnu kanchi by Shri N. S. Ganesan. It was stated therein that at about 5.45 p. m. on 3.9.2004 while he was in the office of devarajaswamy Devasthanam, two persons armed with aruval came there and caused multiple injuries to Shankararaman, in-charge Administrative Manager, who was sitting on a chair. Four persons were waiting outside and the assailants escaped on their motorcycles. After the case was registered, necessary investigation followed and several persons were arrested.

(3.) According to the case of the prosecution, the. petitioner had entered into a conspiracy with some other co-accused for getting shankararaman murdered. The motive for the commission of the crime is said to be various complaints alleged to have been made by the deceased levelling serious allegations, both against the personal character of the petitioner and also his style of functioning as Shankaracharya of the Mutt. The petitioner was arrested on 11.11.2004 from Mehboobnagar in Andhra Pradesh. He filed a bail petition before the High Court of Madras, which was rejected on 20. 11.2004 and the second petition was rejected on 8.12.2004. Thereafter, the petitioner filed special leave petition (Crl. ) no. 6192 of 2004, which was allowed by this Court on 10. 1.2005 and he was granted bail. The very next day, i. e. , on 11.1.2005 vijayendra Saraswathy Swamigal (respondent no. 6) , who is the junior shankaracharya, was arrested. According to the custom and tradition of the Mutt, he would succeed the petitioner.