Kodanad murder-cum-heist case: Madras HC allows police to carry out further investigations
CHENNAI/COIMBATORE: The Madras High Court on Friday refused to stay police investigations into the sensational Kodanad murder-cum-heist case. The court dismissed the petition by an AIADMK functionary from Coimbatore, who is also a witness in the case, against the police conducting further investigation when the case was already under trial.
The verdict comes barely a week after the Opposition leader, Edappadi K Palaniswami, alleged that the DMK government was trying to frame him and other senior AIADMK leaders in the case. Palaniswami was the Chief Minister at the time of the crime, in 2017.
Justice M Nirmal Kumar’s order on Friday said the law does not mandate prior permission from the magistrate to initiate further investigation. “The filing of charge sheet or pendency of the trial can by no means be a prohibition to conduct further investigation,” the judge noted. “It is always better to have a fair and impartial trial to arrive at a just decision,” the judge affirmed.
‘Witness has no say in manner of investigation’
The petitioner in the case was one Anubav Ravi, joint secretary of Amma Peravai in Coimbatore, and also a witness in the case. The judge said the petitioner has no say in the manner of investigation and trial of the case as he is neither a complainant nor a victim or accused but only a witness.
When the petition was heard before the judge on August 23, Advocate General R Shanmugasundaram and State Public Prosecutor Hasan Mohammed Jinna, representing the police, said the police had filed a memo before the court for re-investigation. The judge’s order noted, “The object of criminal trial is to discover the truth and plausible evidence brought on record. Whatever, the stage in this case, the murder and dacoity took place at Kodanad tea estate, followed by a series of suspicious death.”
However, he added, it is up to the trial court concerned to decide on whether or not to accept them. The case pertains to the murder of Om Bahadur, a security guard of former Chief Minister J Jayalalithaa’s Kodanad estate bungalow, on the intervening night of April 23 and 24, 2017.
The case saw many twists when Kanagaraj, the main accused in the case, was killed in a road accident. Sayan, another accused, escaped an accident but lost his family members. Sayan had earlier alleged the involvement of the then chief minister, Palaniswami, in the case. Three of the accused in the case have already filed a petition before the High Court seeking examination of nine persons in the case.
Heated arguments
The district sessions court at Udhagamandalam had earlier witnessed heated arguments. When the case came up on Friday morning, Anubhav Ravi's counsel questioned the police continuing the probe even as his client's petition was pending before the High Court. The prosecution countered this leading to heated arguments.
The trial court judge C Sanjai Baba adjourned the next hearing to September 2. Forensics experts, as well as the manager of the Kodanad Estate and an official from TANGEDCO, have been asked to appear as witnesses.
Eight of the accused in the case hailing from Kerala could not appear before the court on Friday due to the restrictions in view of the high number of Covid-19 cases in the neighbouring state.
There was speculation that the prosecution will submit details of the inquiry involving the prime accused in the case. However, no fresh evidence was submitted.
A police source privy to the case said, "We have to do a detailed investigation as there are several questions remaining. There is a possibility that political leaders may also be called for investigation in the coming days."
A senior police officer on condition of anonymity said, "If we want to know about the stolen items in it, we will have to inquire with the estate manager or its owners." He said the course of the investigations will depend on these statements.
However, the district superintendent of police Ashish Rawat said the police haven't yet planned their next steps.
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