KARAYI RAJAN Vs. CBI

JUDGEMENT

(1.) APPREHENDING arrest by the C.B.I. officials in crime no.RC.2(S)/2008/CBI/SCB/Chennai, the petitioners have filed this petition for anticipatory bail.

(2.) IT is contended that a few months ago as they were informed over phone by the CBI officials that they wanted to question the petitioners in connection with 'Fasal Murder Case', they appeared before the CBI officials and were questioned. It is contended that they had then told the officials that they had no knowledge of the assailants who committed the murder. It is stated by the petitioners that notices are issued to the petitioners again to appear before the CBI officials. So they apprehend that once they appear before the CBI officials they will be arrested, falsely implicating them as the accused in the aforesaid murder case.

(3.) THE deceased Fasal was a resident of Madapeedika, Kodiyeri. He was a worker of National Development Front (NDF) and an agent of Thejus newspaper. He was hacked down to death by the assailants who reached there on motorcycles. The incident took place near Jaganath Temple Road in front of Liberty quarters at Thiruvangad Amsom. It is contended by the respondent - CBI that the investigation revealed that the petitioners 1 and 2 hatched out a deep seated criminal conspiracy to murder Fasal on account of the fact that he shifted his allegiance from CPI(M) to NDF and that he was subscribing persons for Thejus newspaper which was the newspaper published by or having allegiance to NDF. According to the prosecution the deceased used to lure youngsters of CPI (M) to join NDF and so in prosecution of the common object a criminal conspiracy was masterminded, designed and planned to eliminate Fasal and accordingly the petitioners executed the crime by employing hardcore criminals of their party. It is stated that a group of eight persons were employed for that purpose and in pursuance of the conspiracy so hatched it was executed by about eight persons who reached that spot on three motorcycles and lynched down Fasal to death by inflicting about 30 deep cut injuries, to which Fasal succumbed on the spot. According to the prosecution the investigation reveals that the petitioners are the principal conspirators of the above crime.