ADHI RAJARAM Vs. STATE

JUDGEMENT

(1.) THE petitioner is seeking for grant of anticipatory bail apprehending arrest for offences under Sections 147, 148 and 307 I.P.C.

(2.) THE facts in brief are, that Sri K.M. Vijayan, a practising Advocate of Madras was attacked by unknown assailants inflicting grievous injuries on him while he was about to leave his house to New Delhi on 21.7.1994 at 4.30 hrs. with a view to kill him and to stop him from attending the Supreme Court on 22.7.1994 for a case against the 69% reservation policy of the Tamil Nadu state Government. A case in Cr.No. 1929/94 was regstered by R2 Kodambakkam Police station. While the investigation was in progress, four persons surrendered before XVII Metropolitan Magistrate, Saidapet, Madras, on 25.7.1994 confessing themselves as the persons who assaulted Sri K.M. Vijayan. THE investigation was handed over to CBCID of the Tamil Nadu State on 7.8.1994. From 8.8.1994 to 18.8.1994, CBCID investigated the case. On 18.8.1994, the Apex Court in an interlocutory application ordered that the CBI should investigate the offence relating to the attack upon Sri K.M. Vijayan and bring the culprits to book. Accordingly, directed the State police to hand over the investigation in the said case to the CBI and CBI was directed to take necessary steps to complete the investigation with all promptitude. CBI took up the investigation of the case from 8.9.1994. According to CBI investigation, upto 9.7.1995 four persons who had surrendered on 25.7.1994 admitting themselves as the real persons are not the persons who had actually assaulted and they were made to surrender at the instance of the local police with the ulterior motive, though those four persons had no role or knowledge in the incident. On 8.5.1995, the Apex Court directed the CBI to file a report as to the progress of the investigation made by them.

(3.) THE petitioner denied his having any connection with the said Madhavan and has alleged that he is innocent and he has nothing to do with the alleged incident. He has stated that he is holding an important positions as the District Secretary of the Madras (South) District of the All India Anna Dravida Munnetra Kalahagam party. On accout of political motive, he has been falsely implicated. He has also alleged that the above assault seems to have taken place since the said Vijayan was indulging in the efforts of preventing the Backward Committees from getting the benefits out of the reservetion policy. This incident has been taken advantage of by the vested interest to implicate the persons, who are holding important positions in a political party in order to desire the names of the persons concerned and the political porty to which they below. He has also stated that he is proposed to offer aureties in the event of arrest and ready to abide by the suitable conditions that may be imposed on him.