STATE Vs. ADI RAJARAM

JUDGEMENT

(1.) THE petitioner (C. B. L) is seeking for cancellation of the bail granted to the respondent herein on 2. 1. 1996 by the learned Principal sessions Judge, Madras, in Crl. M. P. No. 7732 of 1995.

(2.) THE brief facts are: On 21. 7. 1994 at 4. 30 hrs. one sri. K. N. Vijayan a practicing Advocate of Madras was attacked when he has about to leave his house to New Delhi to attend a case before the Apex Court on 22. 7. 1994. According to the prosecution, the respondent played a key role in organising this murderous attack on advocate along with Sri. Madhavan, Leader of the M. G. R. Youth Wing in a. I. A. D. M. K. Party. THE respondent herein is the Secretary of the Madras (South) District of the All India Anna Dravida Munnetra Kazhagam Party (A. I. A. D. M. K. ). In order to please certain persons who are powerfully placed, he organised the attack using hirelings, booking a room in a lodge and paying money. When the complaint was registered at Kodambakkam Police Station while investigation was in progress, four unconnected persons to the Crime were made to surrender at the instance of the local police and the investigation was changed from C. B. C. I. D. to C. B. I. as per the orders of the Apex Court . THE C. B. I. has filed the charge sheet on 6. 12. 1995 for offences under Sections 143, 147,443,324,326,307 and 120-B read with Section 149 of the Indian Penal Code. THE Magistrate had taken cognizance and numbered it as P. R. C. No. 1 of 1995.

(3.) BEFORE examining whether the release of the respondent is conducive for fair trial, I would like to consider the reasoning weighed with the learned Sessions Judge. Learned Sessions Judge has mainly taken into consideration in paragraph 6 of his order, the health condition, the fact that challan has already been filed and on merits, there is no likelihood of tampering jagadish the only witness according to the learned Judge, implicating the petitioner. All these grounds are devoid of any merit.