Police on Thursday informed the Madras high court that Bakrudeen, allegedly behind planting of the bomb on Bharatiya Janata Party leader L K Advani's yatra route near Madurai, is absconding and not in its custody.
In a counter affidavit in response to a Habeas Corpus plea filed by one M Abdullah, Inspector of CB-CID Madurai unit's SIT R Krishnarajan said Bakrudeen was neither arrested nor detained illegally by the team as claimed by the petitioner but was absconding.
Abdullah had come up with such "a bald and baseless" allegation only to defame CB-CID, the affidavit claimed.
The affidavit said two persons Abdullah and Raja Hussain were both arrested on November 1 and in their confession statements had mentioned the involvement of Bakrudeen in planting the pipe bomb.
Taking note of the submission in the affidavit, a division bench comprising justices C Nagappan and T Sudanthiram closed the petition holding that counsel for the petitioner had not substantiated the contention.
Abdullah had also not seen the SIT taking Bakrudeen, the bench said.
Abdullah had claimed that Bakrudeen was already in police custody and fearing that he may be killed in a fake encounter had filed the Habeas Corpus plea for a direction to the police to produce him in court and set him at liberty.
Police had recovered the powerful bomb from under a bridge on October 27 at Alampatti village, on the route of Advani's jan chetna yatra. Subsequently the BJP leader route's was diverted.