Kerala - Kochi   

CBI for transfer of bail petitions

KOCHI: The Central Bureau of Investigation (CBI) on Tuesday filed an application before the Chief Justice of the Kerala High Court seeking to transfer the bail petitions filed by two priests and a nun in the Abhaya murder case from the court of Justice K. Hema to another court.

The CBI said the High Court had earlier dismissed a criminal miscellaneous complaint filed by the accused challenging an order of the Chief Judicial Magistrate Court remanding the accused in CBI custody. It was a detailed order. The application also said the narco-analysis tests of three accused were produced (in compact disc) as directed by Justice K. Hema.

The application said the judge read out certain portion from the CD in open court during the hearing of the bail applications. Though the judge asserted that the CD produced by the CBI contained only the details of the narco-analysis of Fr. Poothrikayil alone, the investigation officer convinced that it contained the details of the narco-analysis conducted on all the three accused.

When the case was taken up on December 15, counsel for the petitioner made a submission for adjourning the case. In spite of that, the single judge went on passing certain comments with regard to the investigation. It was also declared that the narco-analysis report was defective and could not be relied upon. The single judge went to the extent of giving an indication of the orders to be pronounced.

Counsel for the CBI had submitted that “reading out from the CD and questioning the investigation officers meticulously is not a practice being followed while considering the bail applications.” However, the single judge “asserted” that she would ask such questions and would read out from the CD files.

The application said, “From the conduct of the learned judge, the CBI is convinced that the exercise being taken out before the single judge is quite unusual that it would adversely affect the entire investigation. Therefore, in the interest of justice, it is highly necessary that the above bail petitions be considered by any other court of competent jurisdiction. The CBI feels that they will not get justice from the learned single judge.”

During the hearing of the arguments, counsel for the third accused Sister Sephy, who met her at the sub-jail, Ernakulam, told the court that she was in deep sleep when the nun heard a “wakeup knock on her door.” She then went down to the kitchen and saw the disturbed scene at the kitchen. She then informed the bishop and others. She also believed that it must be a murder.

Meanwhile, the Chief Judicial Magistrate court on Tuesday extended to December 29 the remand of the accused in judicial custody.

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