SUPDT OF POLICE Vs. P V VUAYARAGHAVAN

JUDGEMENT

(1.) Soman, Sub Inspector of Police, Panoor Police Station died of gun shot injuries on 12th March, 1981. Investigation is proceeding and seven police officers four Head Constables and three Constables attached to that Police Station are suspected to have caused the death of the Sub Inspector, an offence punishable under S.302 read with S.120 IPC. Investigation is being conducted by the Special Police establishment constituted under the Delhi Police Establishment Act, after a senior I.A.S. Officer, Shri Zachariah Mathew, Member, Board of Revenue, as Commission of Inquiry, submitted a report that the case be investigated by a special agency.

(2.) The accused were arrested on 11th November 1983 and produced before the Chief Judicial Magistrate, Ernakulam, who remanded them to custody. An application for bail was rejected by the Magistrate on 19-11-1983 and a bail application was moved before this Court in Crl. M. C. No. 776 of 1983. The application was withdrawn on 28-11-1983 and the court ordered thus: -

(3.) Thereafter an application was filed before the Sessions Court, Tellicherry. By order dated 5th December, 1983 the Sessions Court granted bail subject to certain conditions. On coming to know that the accused have been directed to be enlarged on bail, the State Prosecutor filed Crl. M. C. 810 of 1983, under S.439(2) of the Crl. P. C. for cancelling the order of bail and Crl. M. P. No. 1213 of 1983 for stay of the order of the Sessions Court. Both the petitions were filed on 5-12-1983 itself.