ABDUL KAREEM @POOTHAN KAREEM Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This is an application filed under S.439 of the Code of Criminal Procedure seeking regular bail.

(2.) Petitioners are the accused Nos. 1 and 2 in RC No. 2(S)/2012/CBI/Tvpm registered for the offences punishable under Sections 302, 201 and 397 read with Section 34 of Indian Penal Code.

(3.) The dead body of a woman by name Sulaikha was found in a rubber estate. Her throat was found split with a sharp edged weapon, and Crime No. 246 of 2006 of Kunnathunadu Police Station was registered and investigation commenced. Since the investigation by the local police did not yield results, investigation was taken over by the Crime Branch of the State Police as CR No. 263/CR/SII/CBCID/SIG-II, Ernakulam. The Crime Branch, after an elaborate enquiry, being convinced about the innocence of the petitioners, let them free. When things stood so, an Action Council was formed which was headed by the son of the owner of the estate where the body was found and a writ petition was filed by the Council. It was thereafter that the case came to be transferred to the CBI. The said agency enquired into the matter found that the petitioners were responsible for causing the death of the victim and therefore, they were arrayed as accused.