VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) P.M. Varghese alias Kochumon, the first accused in Crime No. 497/1998 of Nilambur Police Station, has preferred this petition, under Section 438 Cr.P.C, praying to direct the police authorities investigating the crime to release him on bail, in the event of his arrest, in connection with the crime.

(2.) The facts reveal that the petitioner along with 10 other accused, unlawfully assembled on 26.11.1993 mid-night, in front of the house of one Samuel, with the common object of murdering him, criminally trespassed into his house and inflicted injuries, because of which Samuel died on 10.12.1998. The widow of deceased Samuel gave a complaint to the local police, who registered the Crime against 11 accused, the petitioner being the first accused.

(3.) The petitioner-first accused-was at that time serving in Assam Regiment in Indian Army. The Investigating Officer addressed letters to the Commanding Officer. But there was no response. On 31.3.2004, the Commanding Officer of Assam Regiment at Shillong, had replied to the Investigating Officer, informing him that the petitioner was discharged from Assam Regiment, Indian Army, with effect from 1.4.2003. But the petitioner was not available in his home town nor could the first accused be traced. Therefore, the Investigating Officer again addressed the Commanding Officer on 11.6.2004, requesting for pension details and particulars of the petitioner. But it was informed by the Commanding Officer, on 29.6.2004, that the petitioner had got himself re-enrolled in Defence Security Corps (DSC) on 16.4.2003. Thereafter, the Investigating Officer filed a report dated 25.7.2004 before the Judicial First Class Magistrate Court, Nilambur, stating that the investigation could be completed only after the interrogation of the petitioner, and for that purpose, prayed to the Magistrate Court to direct the petitioner to appear before the Court. It is also further prayed that, on the appearance of the petitioner, his custody may be handed over to the Investigating Officer.