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CASE NO.: Appeal (crl.)  44 of 2005

PETITIONER: Sri Jayendra Saraswathi Swamigal                         

RESPONDENT: State of Tamil Nadu                                      

DATE OF JUDGMENT: 26/10/2005

BENCH: CJI R.C. Lahoti & G.P. Mathur

JUDGMENT: JUDGMENT O R D E R Criminal M.P. Nos. 540, 543 and 11224 of 2005 In Criminal Appeal No. 44 of 2005

G.P. Mathur,J.

       Soon after the petitioner was granted bail by this Court on  10.1.2005, an application was moved on 12.1.2005 being Criminal  Misc. Petition no. 540 of 2005 in Criminal Appeal No.44 of 2005 on  behalf of the State of Tamil Nadu praying that the petitioner Jayendra  Saraswathy should not reside in Tamil Nadu, Karnataka, Andhra  Pradesh and U.T. Pondicherry during the course of investigation and  trial on the ground that "he would be in a position to influence or  threaten the witnesses."   Subsequently, on 3.10.2005, Criminal Misc.  Petition No.11224 of 2005 has been filed to withdraw the aforesaid  application.   It is interesting to note that the withdrawal application  has been filed long after notice had been issued in the present transfer  petition on 6.5.2005.  The application is accordingly dismissed as  withdrawn.         Criminal Miscellaneous Petition No. 543 of 2005 is dismissed.