The Kerala High Court on Tuesday held that the Ernakulam CBI Special Court should consider granting bail to the two CPM leaders accused in the Thalassery Fazal murder case, if the trial of the case cannot be commenced owing to a delay on the part of the CBI to file a supplementary final report in the case, within two months. Justice P Bhavadasan made it clear that if the delay was caused by the faults of the accused, the court should not grant bail to them.
The court issued the order while disposing of the bail plea of CPM Thiruvangad local committee secretary Karayi Chandrasekharan and former Kannur district secretariat member Karayi Rajan, the seventh and the eighth accused, respectively. The CBI had filed a chargesheet against eight accused in the case. The two accused had been in police custody since June 2012.
“It may be true that the two accused are powerful persons in the party, but indefinite incarceration cannot be appreciated. The CBI court, in its order, expressed hope that the trial can commence soon, and the apprehension expressed by the prosecution that if the accused are released on bail, their influence on the witnesses will have to be duly considered,” the court held.
“At the time of disposing the earlier bail plea by the accused, the court had sought clarification from the counsel for the CBI as to how long it may take to complete further investigation. Several months have elapsed since then. When asked, Counsel for the CBI was unable to say the correct time,” the court said.