Madras HC allows accused to examine EPS, Sasikala as witnesses in Kodanad dacoity case

CHENNAI: Since several untoward incidents had taken place followed by the dacoity at Kodanad Estate, including the deaths of people connected to the case, the Madras High Court opined that the examination of former Chief Minister Edappadi K Palaniswami, VK Sasikala and her relative VN Sudhakaran was vital to unearth the truth.

“In the interest of seeking justice by conducting a fair trial, this court finds that petitioners request cannot be dismissed as vexatious,” wrote Justice P Velmurugan, while allowing the criminal revision petition of Deepu, M Satheesan and A Santhosh Samy – all booked in Kodanad dacoity case.

The petitioners had filed an application in Udhagamandalam district court seeking permission to examine EPS, VK Sasikala, the close aide of late CM J Jayalalithaa, Elavarasi, VN Sudhakaran, the then collector and superintendent of police Nilgiris, Shankar and Murali Rambha, but it was rejected by the lower court. Challenging the order, the petitioners moved the criminal revision petition.

After hearing all the contentions, the judge held that, “It’s a settled preposition of law that failure to accord fair hearing either to the accused or the prosecution violates even minimum standards of due process of law. Several untoward incidents such as the suspicious death of Jayalalithaa’s driver C Kanagraj, security guard of Kodanad bungalow Om Bahadur, an accident met by the key accused Sayan and the mysterious death of Dinesh, the computer operator at bungalow, have prompted the court to believe that the petitioners’ request is reasonable and cannot be considered as vexatious.”

Section 233 of CrPC mandates that the accused be given an opportunity to present their defense and examine witnesses. In the present case, the petitioners have shown sufficient reasons to examine, held the judge. “Reasoning of the petitioners is reliable, as in after the demise of Jayalalithaa, there was power struggle within the AIADMK between EPS and OPS, and the dacoity had taken place when EPS was Chief Minister. Hence, examining him will unearth further information to the case,” he pointed out.

Further, he also accepted the reason to examine Sasikala since she was a close aide of Jayalalithaa and always accompanied her to the Kodanad bungalow hence it is reasonable to examine her. “It’s crucial to understand why the security arrangements were withdrawn from Kodanad bungalow on the date of the dacoity. Hence, the then Collector and SP of Nilgiris should also be examined,” held the judge.

So, the judge set aside the order passed by the sessions judge and allowed EPS, VK Sasikala, Elavarasi, Sudhakaran, then Collector and SP of Nilgiris and two other witnesses to be examined. The judge also directed the lower court to complete the trial in accordance with the law after giving opportunities to both parties.