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Tuesday, July 24, 2001

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Anticipatory bail for 2 more in flyover case

By Our Staff Reporter

CHENNAI, JULY 23. The Principal Sessions Judge, Mr. S. Ashok Kumar, today granted anticipatory bail to two accused persons in the `mini-flyover scam case'-Mr. K. Raja Shankar and Mr. N. Raghavan-with an observation that the prosecution could not say whether they received any pecuniary advantage or not.

``Till now, the prosecution is unable to say whether the petitioners received any pecuniary advantage and what role they played, the judge observed.

Even the investigating officer had deposed, saying the details of pecuniary advantage received by the accused could be known only after the completion of the probe.

The prosecution already gave its consent for bail to Dr. N.S. Srinivasan and anticipatory bail to the former Chief Secretary, Mr. A.P. Muthusamy. ``Even without a bail application or any request from the former Chief Minister, Mr. M. Karunanidhi, he was released on a special memo filed by the prosecution'', the judge observed in his order.

Noting that seven more accused were granted bail by the court, he said the prosecution could not specifically distinguish the role of those who were already released on bail and the present petitioners.

Inspite of repeated promises, the prosecution had failed to find out the fate of two earlier petitions submitted to high Constitutional authorities, Mr. Ashok Kumar said. ``For reasons best known to itself, the prosecution is shying away from its responsibility of informing this court of the fate of the complaints.''

Pointing out that a number of adjournments had been taken in order to answer this query, the judge said that at first he was told that the prosecution had no knowledge of the said complaints. Then two petitions were filed stating the court should not act on press reports.

The judge said Mr. Raja Shankar was appointed special representative of the Mayor on an honorary basis, and the preparation of estimates, design, approval and appointment of contractors were all made prior to his appointment.

Both the petitioners were not involved in the monetary aspects of the flyover project and were barred from taking any final decision on behalf of the Mayor or the Corporation.

Observing that the reasons given for releasing the other accused on bail would hold good for the present petitioners also, Mr. Ashok Kumar granted them anticipatory bail with the direction that they individually execute personal bonds for Rs. 10,000, and two sureties for a like sum each.

They were also asked to appear in the PSJ court at 10.30 a.m. every Monday and surrender before the court on August 6.

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