SUPDT OF POLICE Vs. VIJAYARAGHAVAN

JUDGEMENT

(1.) This is a petition filed under S.439(2) of the Code of Criminal Procedure to cancel the bail granted to respondents 1 to 7 by the Sessions Judge, Tellicherry in Crl. M. P. No. 804/83.

(2.) Soman, Sub Inspector of Police, Panoor Police Station, died of revolver bullet injuries at about 11.55 a.m. on 12-3-1981. He sustained the injuries when he was sitting in his chair inside the premises of the Police Station. He was removed to the local Government Hospital where the Doctor examined him and found him dead. We are not concerned now with the controversy whether he was actually dead or was breathing his last breath when the doctor saw him. He was taken to the hospital by the police personnel of the station including some of the accused respondents. Respondents 1, 2, 6 and 7 were Head Constables of Police and the other respondents were police constables attached to the station at that time. The F.I.R. was registered by the 1st respondent, presumably at 12.15 p.m. The case was registered as a case of unnatural death. Immediately the superior officers were informed and Sri. Kuttappan, Circle Inspector of Police, Kuthuparamba took up the investigation. He held inquest on the same day and found three bullet injuries on the left side of the chest. Post mortem was held on the same evening by Dr. Mrs. Bhagya Lakshmi. She did not recover any of the bullets. The body was taken to Trivandrum. But the near relations of Soman insisted on a fresh post mortem at the Trivandrum Medical College Hospital and declined to take charge of the body without a fresh post mortem. Accordingly post mortem was held in that hospital by Dr. V. K Raman Kutty in the presence of Professor of Forensic Science Dr. Balagopalan. He noted three entry wounds on the left side of the chest and an exit wound on the back side. He was able to find two bullets in the body. In his opinion, two of the bullet wounds were fatal. He stated that he could give an opinion only after an examination of the clothes and skin removed during the first post mortem. The additional post mortem report submitted by Dr. V. K. Raman Kutty shows evidence of peppering and a hollow of blackening around one of the three holes in the shirt, but without any evidence of burning. There were three holes in the skin portion but without signs of burning etc. The Circle Inspector of Police came to the conclusion that it was a case of suicide.

(3.) Meanwhile there was an agitation by the relations of Soman and members of his community and the Government instituted an enquiry by Sri. Zakaria Mathew IAS. The investigation was handed over to Sri. T. N. Vasudeva Kurup, Detective Inspector, CBI., CID., Cannanore. The enquiry Commissioner was unable to come to any conclusion on the question whether it was a case of suicide or homicide and suggested investigation by an expert agency. The second investigator did not agree with the theory of suicide. Then Sri. T. N. V. Kurup was replaced by Sri. P. P. Chandrasekharan. He supported theory of suicide. It was under these circumstances that by appropriate notifications of the State and the Central Government, investigation was handed over to the Central Bureau of Investigation (CBI). A case was registered by the CBI. and investigation proceeded. On the morning of 11-11-1983 the CBI. officers arrested the respondents on the basis that it was a case of homicide for which they were responsible, and produced them before the Chief Judicial Magistrate, Ernakulam on the same day and asked for remand. They were remanded to judicial custody. They were also allowed to betaken to New Delhi for questioning with the aid of scientific equipments such as polygraph. Remand was being extended in due course. The Magistrate declined to grant bail also. On an earlier occasion the respondents approached this Court for bail in Crl. M. P. No. 776/83 and withdrew the petition with the submission that they would move the Sessions Court, Tellicherry. They moved the Sessions Court, Tellicherry for bail. The learned Sessions Judge after hearing both sides granted bail on condition that the respondents execute bond for an amount of Rs. 25.000/- and furnish two solvent sureties in the like amount to the satisfaction of the Chief Judicial Magistrate, Ernakulam. They were also directed not to leave the Cochin Corporation limits until final report is filed or until otherwise ordered. They were further directed to inform the CBI. their place of residence on release and keep informing the CBI. every time they change residence. They were also required to present themselves before the CBI for interrogation as and when required. The bail so ordered by the learned Sessions Judge is sought to be cancelled by the CBI. in this petition.