NE LEGAL BUREAU
CHENNAI, AUG 27
The Madras High Court on Friday rejected a plea from a prosecution witness in the 2017 Kodanad theft and murder case to stay further investigation in the matter.
“There is nothing wrong in holding a re-investigation in the case to bring out the truth,” Justice M Nirmal Kumar said and dismissed the criminal original petition from Anubav Ravi (52), also the joint secretary of the Coimbatore unit of the Amma Peravai. He is the prosecution witness.
Late Chief Minister J Jayalalithaa used the Kodanad estate property as a retreat and after her death in December 2016, the accused murdered a security guard there, injured another and decamped with valuables, including watches.
#Jayalalithaa’s Kodanadu estate murder case: TIMES NOW accesses probe files which reportedly reveal 10 glaring lapses. #AIADMK alleges ‘conspiracy by #DMK’.
Shabbir with details on ‘lapses’ & Madhavdas with analysis. pic.twitter.com/L4Y4KD2Smr
— TIMES NOW (@TimesNow) August 25, 2021
The judge pointed out that the theft was followed by a series of suspicious deaths. Hence, it is better to have a fair and impartial trial to arrive at an impartial and just decision. The law does not mandate prior permission from the magistrate to initiate further investigation and the filing of a charge sheet or pendency of the trial can by no means be a prohibition to conduct further investigation, he said.
It is always better to have a fair and impartial trial to arrive at a just decision, the judge added and pointed out that the petitioner has no say in the manner of investigation and trial of the case as he was neither the complainant nor a victim or even an accused in the case, but only a witness. “The object of a criminal trial is to discover the truth and bring on record the plausible evidence,” the judge said.
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According to Ravi, the action of the state in reopening the case and to conduct re-investigation is not permissible under the Criminal Procedure Code. Unless the court issues suitable directions to the defence and the prosecution to co-operate with the trial court for early completion of the trial of the murder case within the stipulated time, he feared that he will be put into irreparable loss and mental agony. It the probe was allowed to continue, the threat and pressure on him would continue.
The re-investigation at the fag end of the trial was due to the change of regime in the state and the same should not be allowed. It was being done with an ulterior motive, he said and prayed the court to stay further investigation of the case pending before the District Judge-cum-Chief Judicial Magistrate in the Nilgiris. He also sought suitable directions to the lower court to complete the trial on a day-to-day basis.
The Sholurmattam police in Kothagiri taluk in the Nilgiris had investigated the murder case which took place at the Kodanad Estate bungalow in April 2017. In the incident, one of the guards there was murdered by a group of people before committing a robbery. Another watchman – Krishna Dhaba, was also attacked and he had sustained injuries.
During the course of investigation of the case, Ravi was examined and his statement was recorded. After completion of the probe, police filed a charge sheet against 10 accused for various offences under the IPC including 302 (murder) and 120-B (criminal conspiracy). Ravi was examined as a prosecution witness (PW-35) in the course of the trial.
The Tamil Nadu government had on Tuesday told the Court that the investigation in the case relating to the heist and murder was not conducted properly to book the ”real” culprits in the matter.
Earlier in the day, the District Sessions court in Udhagamandalam, which is hearing the sensational case, adjourned it for September 2 after the AIADMK lawyers cited the aforesaid case and argued the matter cannot be taken up by the lower court.
