SALI BABU Vs. STATE

JUDGEMENT

(1.) THE petitioners are seeking for grant of bail. THEy are arrayed as accused persons for offences punishable under Sections 143,147,148,149,323,326,307 and 120-B of I.P.C. On the oral complaint of Sri J.M. Kalyanam, father of Sri K.M.Vijayan, a complaint was registered on 21.7.1994 by R.2 Kodambakkam Police Station, Madras. THE investigation of the case was handed over to C.B.C.I.D. of Tamil Nadu State on 7.8.1994 as per Government orders. From 8.8.1994 to 18.8.1994, the case was investigated by C.B.C.I.D., Madras. On 18.8.1994, the Supreme Court ordered that C.B.I, to take up investigation from the Tamil Nadu Police and the C.B.I took up the investigation on 8.9.1994. THE C.B.I, examined several persons by name Gurumurthy, Jagadish and Pasupathy and verified the source of information and collected materials that prior to asault on Sri K.M.Vijayan, a conspiracy had been there to organise such assault. It is the case of the prosecution that at the instance of one Adhi Rajaram, the execution of the assault was entrusted to Madhavan, Kannan and Paramasivan by the said Adhi Rajaram and he paid an advance of Rs. 10,000/= to Paramasivam to collect persons to execute the work. Accordingly, Paramasivam brought the petitioners herein and accommodated them in Pandian Lodge, where room was maintained in the name of Adhi Rajaram and another room was taken on the night of 20th July, 1994. Early hours of the day, all of them went near the house of the advocate Vijayan in two auto-rickshaws and on a bicycle armed with casuarina sticks and waited upto 4.30 hours near the house of Sri Vijayan, on the basis of the information received about the departure of Sri Vijayan by morning flight to Delhi to attend a case before the Supreme Court. When Sri Vijayan took his car from the porch at 4.30 p.m., parked it on the main road and got down to close the gate, the petitioners attacked him using casuarina sticks, inflicted severe blows resulting in the fracture of arms and leg. THE C.B.I, seized the material objects, drawn up several mahazars, examined several persons, who speak to the several aspects of the case. THEre are confessional statements, recoveries, entries in the Pandian Lodge for having booked the rooms - all these speak to the complicity of the crime. After inflicting the fatal injuries and on seeing some neighbours are coming for the rescue of Sri Vijayan on hearing his cries, they ran after leaving sticks and shawl in the scene and while running from the scene two persons got some injuries on their limbs by falling on the road. From the point of conspiracy, assembly, purchasing casuarina sticks, hiring the auto-rickshaws, taking a bicycle, assembling near the house of Sri Vijayan, executing the assault, thereafter fleeing from the scene - for all these links the prosecution has collected the materials by seizure of the material objects, documents, examining witnesses, etc. THEse materials prima facie show the involvement of the petitioners in the alleged assault.

(2.) THE petitioners have contended that they are falsely implicated and they are innocent of the offence and they have also alleged that they are the members and office bearers of a prominent political party, which does not veil the goodwill of the Central Government and that they have roots in the society and there is no question of fleeing from justice and also submitted that they will undertake not to hamper the course of investigation or tamper with the witnesses.