The Kerala High Court on Monday directed the Ernakulam Principal Sessions Court not to hear on March 15 the bail applications filed by Communist Party of India (Marxist) workers arrested in connection with the death of Deepu, area secretary of Twenty20 at Kizhakkambalam here.
The court made it clear that the bail applications should be considered only after orders were passed on a petition filed by C.C. Kunjaru, father of Deepu, seeking to transfer the case from the sessions court, Ernakulam, to any other court.
The petitioner pointed out that Section 15 A of the SC/ST (Prevention Of Atrocities) Act 1989 mandated that notice should be served to the victim in any bail proceedings. However, he had not been served any notice as per the Section. Nor he was informed about the status of the investigation. The petitioner was kept in the dark, preventing him from making any objections to the bail petitions.
In fact, the sessions judge appeared to be highly biased and lightly brushed aside the contention of counsel appearing for the petitioner and held that there was no necessity of investigation officers giving any copy of the documents. The prosecution was colluding with the accused right from the beginning of the case and the victim was prevented from effectively appearing in the case.
The petitioner claimed that he reliably understood that the father of the sessions judge "is holding a very high post in the CPI(M) and is the district secretary of the CPI(M) in Thrissur and is an interested party in the case. The accused are CPI(M) activists and the case registered is also a murder out of political vengeance. The counsel appearing for the accused is also the district secretary of the DYFI, the youth wing of CPI(M)".
The petitioner feared that he might not get a fair hearing before the court and his rights would be seriously prejudiced.
