PEETHAMBARAN A. Vs. STATE OF KERALA

JUDGEMENT

(1.) Are the petitioners, who are the accused in a case registered for an offence punishable under Section 302 IPC, entitled to 'compulsive bail' under Section 167(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), on the ground that the final report (chargesheet) filed against them by the investigating officer before the expiry of the period of ninety days stipulated under the Code, stands set aside by this Court while passing an order for further/fresh investigation of the case by the Central Bureau of Investigation (CBI)? This is the question to be decided in this application for bail.

(2.) Two young persons by name Kripesh and Sarath Lal, who were activists of the Youth Congress, were murdered on 17.02.2019. A case was registered as Crime No. 81/2019 of Bekal Police Station regarding the incident. The investigation of the case was conducted by the Deputy Superintendent of Police, Crime Branch. The first accused in the case was arrested on 19.02.2019. The other accused in the case were arrested on subsequent dates. After completing the investigation, chargesheet was filed against the accused in the Magistrate's Court concerned on 20.05.2019.

(3.) The parents of the deceased persons filed a writ petition as W.P.(C) No. 10265/2019 before this Court for issuing a direction to entrust the investigation of the case to the CBI. On 30.09.2019, a learned Single Judge of this Court allowed the aforesaid writ petition. The operative portion of the judgment (Annexure-II) in the aforesaid writ petition reads as follows: