ABDULLA KUNHI Vs. CBI

JUDGEMENT

(1.) These are applications for regular bail filed by two of the accused persons in Crime No. 213/2009 of Badiadka Police Station in Kasaragod District registered for offences punishable under S.143, S.147, S.148, S.341 and S.302 read with S.149 IPC. The case pertains to the gruesome murder of one Jabbar @ Basheer aged 26 years, a Youth Congress worker allegedly by certain Marxist Communist activists by engaging hired assassins. The said occurrence took place after 10.30 p.m. on 03/11/2009.

(2.) The petitioner (Abdulla Kunhi @ Nadubail Abdulla) in BA No. 6631 was originally arrayed as A7 in the case and is presently A6. The petitioner (S. Sudhakara @ Sudhakara Master) in BA 6834 of 2010 was originally A5 in the case and he is presently A4. Both the petitioners were arrested on 06/09/2010.

(3.) On the allegation that since the main conspirators were local Marxist Party activists and, therefore, there was political interference by the ruling party in the smooth investigation of the case by the local police. Assainar alias Achu, the father of deceased Jabbar filed a Writ Petition before this Court as WP (C) 2797 of 2010 seeking a direction to hand over the investigation of the above Crime to the Central Bureau of Investigation ('the CBI' for short). As per judgment dated 09/06/2010 this Court allowed the said Writ Petition and entrusted the investigation with the CBI. The CBI took over the investigation and the same is almost over. The CBI has proposed to charge - sheet 14 persons for the aforementioned offences besides an offence punishable under S.212 IPC. One K. Bappunji who was originally arrayed as A4 by the local police was deleted from the array of accused by the CBI and that explains the change in the original rank of the petitioners.