Subramanian turned approver and then retracted his statement and was declared a 'hostile' witness.
The Madras High Court has dismissed a petition seeking release of Subramanian, an accused in the 'Sankararaman Murder Case', who turned approver and then retracted his statement and was declared a 'hostile' witness.
The court held that it did not find any legality in the Habeas Corpus Petition filed by 80-year-old P Rajalakshmi, mother of Subramanian.
A Division Bench, comprising Justices C Nagappan and T Sudanthiram, pointed out that according to section 306 (4) CrPC, a person accepting pardon under sub-section (1) of the section had to be detained in custody until termination of the trial, unless the person was already on bail.
The Bench said an application for prosecuting Subramanian for perjury under section IPC 193 for turning hostile after becoming an approver was still pending. The prosecution had also filed a petition on June 17, 2010 for initiating proceedings against him for the original charges in respect of which the 'Tender of Pardon' was granted.
The 2004 murder case, in which Kanchi seer Jayendra Saraswathi is the main accused, is pending before the Puducherry Principal District and Sessions Judge.
On August 25 last, the Madras High Court had stayed the proceedings on a petition from an advocate alleging that attempts were being made to influence the outcome of the trial.
In the HCP seeking release of Subramanian, arrested on December 13,2004 and lodged in the sub-jail at Kancheepuram, Rajalakshmi pointed out that the other 24 persons accused in the case, including the Kanchi Seer, had been granted bail.
The aged woman claimed that Subramanian was 'forced to give evidence' as an approver and was given pardon under section 306 Crpc on January 20, 2006 by the Chengalpattu Chief Metropolitan.Later, he had withdrawn his statement.
Claiming that her son was afflicted with serious liver, kidney and diabetic problems and was not being given proper treatment in jail, she said she had filed the HCP as Subramanian could not move a regular bail application since the trial had been stayed by the High Court.
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