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Abhaya case: High Court flays CBI

Kochi: The Kerala High Court on Monday flayed the Central Bureau of Investigation (CBI) for not complying with legal requirements while filing a report seeking custody of the three accused in the Sister Abhaya murder case.

Justice R. Basant pulled up the CBI when a petition filed by Fr. Jose Poothrikkayil, second accused, challenging an order of the Ernakulam Chief Judicial Magistrate remanding the accused in CBI custody came up for hearing.

The court orally observed that from the Chief Judicial Magistrate’s order it appeared that the CBI did not produce the extract of case diaries along with the remand report. The court orally said that the investigation officer was bound to disclose the grounds for the arrest of the accused in the remand report. In fact, as per the procedure mandated by Section 167 of the Criminal Procedure Code, the investigation officer should furnish a copy of the entries in the case diary to the magistrate and the grounds for detaining the accused. The court said that the right of the accused should be protected.

CBI counsel told the court that the investigation agency could not reveal the progress of the investigation in the report because it would affect further investigation. The court then said the extract of the case diary should have been filed in a sealed cover before the magistrate

In a statement, the CBI said the probe so far revealed scientifically that all the three accused were involved in the case. Oral evidence also corroborated the involvement of the accused in the case.The court posted the case to November 26 and directed the CBI to furnish it brief extracts of the case diary.

The first accused and the third accused, Fr. Thomas Kottur and Sr. Sephy, also filed similar petitions.

Meanwhile, the Ernakulam Chief Judicial Magistrate Court on Monday dismissed a petition filed by the lawyer for the first accused seeking a direction to the CBI to allow him to meet the accused.

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