IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3620 of 2007()
1. V.V.AUGUSTINE, RETIRED ASSISTANT
... Petitioner
Vs
1. SUPERINTENDENT OF POLICE,
... Respondent
For Petitioner :SRI.M.P.MADHAVANKUTTY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :18/06/2007
O R D E R
R.BASANT, J.
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B.A.No.3620 of 2007
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Dated this the 18th day of June 2007
O R D E R
Application for anticipatory bail. The petitioner
apprehends that he may be arrested as an accused in the ill-
famous Abhaya murder case. The alleged incident had taken
place as early as on 27/3/1992. It is now concluded and reported
to the court that it was a case of murder. But unfortunately, in
spite of deployment of the C.B.I, the mystery of the crime
remains unresolved. The petitioner was the A.S.I, who prepared
the inquest report. He apprehends that the new investigation
team which has now taken over and which has questioned him
sufficiently by now, may arrest him leading to his unnecessary
incarceration. The petitioner submits that he is absolutely
innocent. He has only discharged his official duties. He has
been questioned by a number of investigating officers by now.
He has co-operated with the investigating officers to the
maximum extent. In these circumstances, he may be granted
anticipatory bail, it is prayed. After the discussions at the bar,
B.A.No.3620/07 2
the learned counsel for the petitioner only submits that the
submission of the learned Standing Counsel for C.B.I that the
petitioner is not arrayed as an accused even now, may be
recorded and this petition closed.
2. That can of course be done. But the learned Standing
Counsel for the CBI submits that the petitioner may not be
permitted to arm himself with any order of anticipatory bail. The
petitioner is shown to be responsible for some incorrect
statements in the inquest report. The signatures of some
persons are forged. He may have done these in an attempt to
save the real culprits, whose identity is not ascertained so far.
He has hence got to be interrogated thoroughly. I find merit in
that submission. It is the need of the system and the polity that
this crime, that had taken place about fifteen years back, must
be resolved satisfactorily. Every serious effort must be
undertaken to resolve the mystery in the interests of confidence
of the polity in the ability of the criminal investigative system to
ascertain the truth. The credibility of the C.B.I is also at stake.
They must put in every serious and active effort to resolve the
crime. I am not at all persuaded that it is necessary to permit
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anyone to arm himself with an order of anticipatory bail which
would impede the truth discovery process. I am, in these
circumstances, satisfied that the petitioner is not entitled for
anticipatory bail. I accept the submission of the learned counsel
for the petitioner and record the submission of the learned
Standing Counsel for CBI that the petitioner has not so far been
made an accused; but his further interrogation/examination is
necessary. I have no reason to assume that the special
investigation team, which has taken over would abuse the right
which they have under the code to question the petitioner in the
attempt to discover and unearth the truth.
3. This petition is, in these circumstances, dismissed.
(R.BASANT, JUDGE)
jsr
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B.A.No.3620/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007