KARAYI CHANDRASEKHARAN Vs. INSPECTOR OF POLICE CBI/SCB

JUDGEMENT

(1.) The petitioners are accused 7 and 8 in S.C.No.405/2012 on the files of the Additional Sessions Court-IV, Ernakulam in connection with conspiracy leading to the murder of one Fasal, alleged to be a political adversary. Vide order dated 07.11.2013 this Court had in the aforesaid B.A., they were granted bail, but on certain conditions. Condition (d) reads thus:

(2.) The brother of the deceased had filed W.P.(C) No.30716/2017 before this Court seeking further investigation in the aforesaid crime by constituting a special team of the CBI. That was sought in consequence of one Subeesh @ Kuppy Subeesh allegedly giving a confession statement while in custody in another case. He had confessed that it was he along with some others, who had committed the murder of Fasal. Further investigation was allowed by this Court and a special investigating team was ordered to be constituted for that purpose. There is every possibility that the trial may get prolonged further, and therefore, the petitioners pray that indulgence may be shown to delete or substantially modify the condition so that they could be reunited with their families.

(3.) The Assistant Solicitor General of India has filed a detailed objection vehemently opposing request made by the petitioners, stating that they are the main conspirators to the commission of the aforesaid offence and substantial evidence has been collected against them to prove their complicity, and the final report was also filed. Though bail was granted, it was on stringent conditions, considering the clout exercised by the petitioners in the locality and they were asked to stay in Ernakulam, for that reason. The petitioners are the top leaders of C.P.I.(M) and they are in a position to strike terror in the minds of the public with an immense capacity to influence witnesses. It was keeping in view this important aspect, that the stringent condition was imposed. Even repeated attempts made by the petitioners to get the condition relaxed, altered or deleted, failed. This Court has repeatedly held that the petitioners will have to continue to be away from the place of occurrence and their home district, considering the fact that they are highly influential and may tamper with evidence and witnesses. It is also pertinent to note that the petitioners have in absentia contested the local body election and come out successful, which according to the learned ASG, indicates their clout and influence among the locals. When even in their absence, they could influence the persons of the locality to win the elections, the possibility of their actual physical presence would definitely lead to causing serious detriment to the prosecution case. Moreover, in view of the fact that further investigation has been ordered by this Court, the witnesses and evidence have become vulnerable once again. Efforts are being made to complete that investigation on time. The attempt made by the petitioners seeking indulgence from the Hon'ble Supreme Court has also failed, and therefore, there is absolutely no reason or change of circumstances for a reconsideration on the relaxation of the condition, which was repeatedly declined by this Court. Hence, the learned ASG prays that the application may be dismissed.