STATE OF KERALA Vs. K V SADANANDAN

JUDGEMENT

(1.) THE Court is no clog on investigation and prosecution is no lever for humiliation. Freedom of the individual is no licence to commit crime; personal liberty this cam have no conflict with public interest. The Court protects both interests and strikes a balance when there is clash. I repeat these - I stated the same in earlier proceedings for, these statements have greater significance in the present controversy.

(2.) IN the early hours on the 9th October, 1981. in the heart of this city, a shot rang in Majeendran's house. The bullet pierced his body. He was fatally injured. On the way to the hospital he died. About three years have elapsed: the investigation is still not over! The police, cannot be blamed, so says the Prosecutor. The influence and the ingenuity of the accused have protracted the investigation. and the alleged main culprit, the 1st accused was absconding all these years. His whereabouts were not known and the police did not have any clue either. On 4. 7. 1984, he suddenly appears and surrenders before the Chief Judicial Magistrate. This event, of considerable significance for the investigation and possibly giving a twist to the further process of interrogation has given rise to this petition.

(3.) THE second accused, Sadanandan, who is alleged to be influential and instrumental in this murder was arrested on 26. 10. 1981. He was produced before a Magistrate and remanded to police custody from 28. 10. 1981 till 7. 11. 1981 in the first instance and thereafter till 16. 11. 1981. Later he was in judicial custody till 21. 12. 1981 when he was released on bail on certain conditions. He is thus in the custody of the Court. It is sufficient if it is noted that he has not violated any conditions of his bail to warrant the cancellation of the bail.