HC verdict in Kodanad case on August 27

HC verdict in Kodanad case on August 27

Sureshkumar.K@timesgroup.com

Chennai:25.08.2021`

The Madras high court will deliver its verdict on a plea for further investigation into a case relating to murder and burglary at Kodanad estate, former chief minister J Jayalalithaa’s summer retreat in the Nilgiris, on August 27.

Justice M Nirmal Kumar, after listening to animated arguments of Tamil Nadu advocate-general R Shunmugasundaram and two other senior counsel, reserved the verdict on Tuesday. “This issue must not be used for some other purpose, that is my only concern,” the judge said.

The matter relates to a petition filed by prosecution witness, N Ravi, seeking day-today hearing in the case and early conclusion of trial in the Nilgiris sessions court.

AG: Govt promised logical end; don’t have any intention of harming anyone

Allaying apprehensions, advocate general Shunmugasundaram justified the police inquiry held with the key surviving suspect KV Sayan, and said: “We are ultimately going to place the truth. We have no intention to malign anyone.” Ruling out any motive behind commencing further investigation in the case, the AG said it was a poll promise of the ruling DMK. “The government has promised to find a logical conclusion in the case. We have no intention to harm anyone.”

Shunmugasundaram said Section 173 (8) of CrPC does not specify that prior permission of the magistrate is required to commence further investigation. “The proviso nowhere states that any prior permission must be sought for further investigation,” he said. The investigation officer is only duty bound to inform the court and seek formal permission. They are not mandated to obtain permission, the AG clarified.

Earlier, representing Ravi, senior advocate I Subramaniam argued that police had commenced further investigation in the case even without the prior approval of the magistrate concer ned.

“The Supreme Court has made it clear that such prior approval is a must to commence further investigation,” he said.

Supporting his argument, former advocategeneral A L Somayaji said such further investigation could be allowed only till the trial commences in the case. “In the present case, the trial has already commenced. Therefore, there is no question of granting permission for further investigation,” he said.

There is a prima facie case for the court to stay further investigation, he added.