KOCHI: Kerala High Court on Monday directed Ernakulam Sessions Court not to hear till March 15 the bail applications filed by CPM workers arrested in a case related to the murder of Deepu, area secretary of Twenty20 in Kizhakambalam. The court made it clear that the bail applications should be considered only after passing the order in the petition seeking to transfer the case.
The court issued the order on a petition filed by C C Kunjaru, father of deceased Deepu, seeking to transfer the bail applications of the accused in the murder case from the Principal District and Sessions Court, Ernakulam, to any other court.
Advocate Blaze K Jose, counsel for the petitioner, submitted that in a case registered under Section 302 of the IPC, it is for the investigation agency to submit a report regarding the stage of the investigation, nature of the offence, statements of the witness recorded, involvement of the accused, material collected etc.
The petitioner is also not served with notice or copies of any documents as mandated under Section 15 A of the SC-ST (Prevention Of Atrocities) Act 1989 and hence he is unable to submit anything regarding the case. The prosecution is colluding with the accused and the victim is prevented from appearing in the case and is denied the opportunity.
The Sessions judge appeared to be biased and had brushed aside the contentions of the counsel for the petitioner and held that Section 15 A cannot be interpreted like that and there is no need for the investigation officer to give any copies of the document.
The petitioner had made enquiries and came to understand that the father of the Sessions Judge is the district secretary of CPM in Thrissur and is an interested party in the case. The accused are CPM workers. The counsel appearing for the accused is also the district secretary of DYFI, submitted the petitioner.