Important point
Confession of a co-accused cannot be treated as substantive evidence and can be pressed into service only when the Court was inclined to accept other evidence and feels necessity of seeking for an assurance in support of its conclusion.

Judgment

G.P. Mathur, J.—Leave granted.

2. This appeal, by special leave, has been preferred against the order dated 8.12.2004 of Madras High Court, by which the petition for bail filed by the petitioner under Section 439 Cr.P.C. was rejected.

3. An F.I.R. was lodged at 7.00 p.m. on 3.9.2004 at Police Station B-2, Vishnu Kanchi by Shri N.S. Ganesan. It was stated therein that at about 5.45 p.m. on 3.9.2004 while he was in the office of Devarajaswamy Deva­sthanam, two persons armed with aruval came there and caused multiple injuries to ‘Sanakararaman, In-charge Administrative Manager, who was sitting on a chair. Three persons were waiting outside and the assailants escaped on their motor cycles. After the case was registered, necessary investigation followed and several persons have been arrested. According to the case of the prosecution, the actual assault upon the deceased was made by A-6 and A-7, while four persons, namely, A-5, A-8, A-9 and A-10 were standing outside.

4. The petitioner, Shri Jayendra Saraswathi Swamigal, who is the Shankara­charya of Kanchi Mutt, Kanchipuram, was arrested on 11.11.2004 from Mehboob Nagar in Andhra Pradesh. He moved a bail petition before the High Court of Madras, which was rejected on 20.11.2004 and the second bail petition was also rejected by the impugned order dated 8.12.2004.

5. According to the case of the prosecution, the petitioner had entered into a conspiracy will some other co-accused for getting Sankararaman murdered. The motive for the commission of the crime is said to be various complaints alleged to have been made by the deceased levelling serious allegations, both against the personal character of the petitioner and also his style of functioning as Shankaracharya of the Mutt. In the reply statement filed on behalf of State of Tamil Nadu, it is averred that the deceased had filed a complaint before the Commissioner HR & CE not to allow the petitioner to visit China. He filed a writ petition in the Madras High Court claiming the same relief which was later on dismissed as a statement was made by the petitioner that he had no intention of going to the said country. The deceased sent several letters alleging that the petitioner was selling properties of the Mutt; was indulging in corruption and misappropriation of funds. He also made complaint before Special Commissioner, HR & CE that the petitioner was not observing the rules of Sanyasa Asrama Dharma: was leading a luxurious life enjoying mundane comforts; not performing the Prooja and promoting commercial ventures. It is also the case of the prosecution that the deceased sent a letter under the name of Somasekara Ganapadigal alleging that the petitioner was indulging in immoral activities and was having relationship with women and finally a letter was sent by him on 30.8.2004 to the petitioner as “last warning” wherein it was said that when the petitioner went to Thalakeverj, Kaveri river dried; when he went to the only Hindu Kingdom of Nepal, the entire royal family was wiped out; and when he went to Kumbakonam, there was a fire tragedy and many innocent lives were lost. Shri K.T.S. Tulsi, learned senior counsel for the State, has submitted that after receipt of this letter dated 30.8.2004 described as “last warning”, the petitioner called accused A-2, A-3 and A-4 and a conspiracy was hatched for eliminating the deceased.

6. In order to establish the aforesaid motive for commission of crime, the prosecution relies upon copies of 39 letters which were allegedly recovered from the house of the deceased himself. What the prosecution claims is that the deceased used to keep copies of all the letters and complaints which he made against the petitioner and it is these copies which have been recovered from the house of the deceased. The prosecution claims that of these 39 letters or complaints 5 complaints were found in the office of HR&CE, Chennai which relate to the period 14.8.2001 to 23.1.2002, one in the residence of A-4 and 2 in the