KOCHI: The state government on Thursday informed the Kerala High Court that it cannot hand over the case diary in the Periya twin murder case to the CBI as the matter is pending before the Supreme Court. The division bench had upheld the investigation and final reports. Youth Congress leaders Kripesh and Sarathlal were murdered at Periya in Kasaragod allegedly by CPM activists in February, 2019.When the bail plea of Subeesh, an accused in the case came up for hearing, the CBI submitted that it could not proceed with the probe without the case diary. The Crime Branch did not hand over the case diary even after repeated requests.
Periya murder: CBI notice to Crime Branch seeking case diary
The CBI requested the court to direct the Crime Branch to hand over the diary to it. Senior Public Prosecutor Suman Chakravarthy submitted that the appeal filed by the state government against a CBI inquiry is pending before the Supreme Court and it had asked the parties in the case to respond within four weeks. Meanwhile, the CBI has issued a notice to the Crime Branch under section 91 of the CrPC, directing to transfer the case diary to it.
If the CBI has anything to submit, that can be done before the Supreme Court, the public prosecutor said. The CBI further requested the court that the case diary has to be collected and put in the safe custody of the court. According to the petitioner, he is languishing in jail for over two years. Hence, continued detention is not necessary. After the conclusion of the arguments by the parties, the court reserved its order in the bail plea.