CENTRAL BUREAU OF INCESTIGATION Vs. JAMON PUTHENPURAKKAL

JUDGEMENT

(1.) Sister Abhaya met with her untimely and unnatural death on the night of 26-3-92. The mystery about the circumstances under which her death took place has not been finally resolved yet. The matter was being investigated by Delhi Unit of the CBI. The local police, CB CID and the CBI Delhi Unit had earlier sought permission to close the investigation. But permission was not granted by courts. According to the CBI, it is a case of homicide. The manner in which the homicide took place could not be ascertained by the Delhi Unit. Dissatisfied with the investigation, Hon'ble Mr. Justice V. Ramkumar by order dated 4-9-08 directed as follows in para -15 :

(2.) The case Diary was not transferred to the Kochi Unit as directed. The matter was reported to this Court by the learned CJM. The matter was placed before Mr. Justice v.The Director. CBI & Another v. Jomon Puthenpurakkal & Another (R. Basant, J.) 287 Ramkumar. By then, there was a change in roster. Mr. Justice V. Ramkumar directed that the matter:.

(3.) Investigation proceeded. Three persons were arrayed as accuse and arrested. They were produced before the learned CJM. They were remanded to custody. Police custody was granted. Accused came before this Court challenging the remand and handing over to police custody. This Court by the decision in Fr. Jose Poothrikkayil and others v. Union of India,2008 4 KHC 902 turned down the challenge. The accused were arrested on 18-11-2008 and 19-11-2008. Long later on 1-1-2009, orders were passed on the bail applications filed by the said three accused persons. They were directed to be released on bail subject to conditions. That order, hereinafter referred to as the bail order, is a detailed order. Observations have been made expressing reservations about the adequacy of investigation. It was at this juncture that the CBI has filed this application seeking further directions in terms of the option given to the CBI as per the orders dated 4-9-2008 and 4-11-2008 (relevant portions extracted above).