31 Oct 2017 6:29 AM GMT
The High Court of Kerala dismissed the application seeking pre-arrest bail filed by Advocate C.P Udayabhanu, who stands accused of hatching the conspiracy to murder a real estate broker Rajeev. The order was pronounced today by Justice Hariprasad, after Justice P.Ubaid recused from hearing the bail plea.Adv.Udayabhanu was appointed as special public prosecutor in the sensational...
The High Court of Kerala dismissed the application seeking pre-arrest bail filed by Advocate C.P Udayabhanu, who stands accused of hatching the conspiracy to murder a real estate broker Rajeev. The order was pronounced today by Justice Hariprasad, after Justice P.Ubaid recused from hearing the bail plea.
Adv.Udayabhanu was appointed as special public prosecutor in the sensational Chandrabose murder case, in which multimillionaire Mohammed Nisham was convicted. He had also appeared as special public prosecutor in the High Court so as to oppose the bail application moved by the Dr.P.K Krishnadas, Chairman of Nehru College of Engineering, in the case related to suicide of a student Jishnu Pranoy. However Adv. Udayabhanu found himself mired in allegations regarding his involvement in the murder of real estate broker Rajeev of Chalakudy. The deceased Rajeev had earlier filed a petition seeking police protection in the High Court alleging that he was facing threat to life from the henchmen employed by Adv.C.P Udayabhanu, following a failed real estate deal. The High Court had disposed of the writ petition(judgment dated 16.06.2017 in W.P(c) 17826 of 2017), with a direction to police to safeguard the life of Rajeev in the event of any complaint. Rajeev was found dead on 30th September in an abandoned building.
The police arrayed Adv. Udayabhanu as 7th accused in the case. Following that there were reports that he was likely to be removed as Special Public Prosecutor in the Jishnu Pranoy case. His bail application was initially being considered Justice P. Ubaid, who passed an interim order restraining police from proceeding against him. Thereupon the investigating agency complained that they were not able to carry out investigation regarding his involvement due to the interim stay by the High Court and prayed for modification of the order. The defacto complainant, the son of the deceased also got themselves impleaded in the bail application, opposing the bail plea. However in the next posting, in a surprising move, Justice Ubaid recused from hearing the matter, and the casewas listed before Justice Hariprasad. After elaborate hearing, the matter was reserved for orders last Thursday, and orders were pronounced today morning, dismissing the application.
Matter requires deep probe.
Justice Hariprasad noted that from the materials available on record it was clear that deeper probe was required regarding the involvement of Adv. Udayabhanu. The prosecution relied upon call records to contend that there was close nexus between Adv. Udayabhanu and other accused persons. There were frequent fall calls between them on 29th September, on which date the deceased allegedly went missing. However it was argued on behalf of Adv.Udayabhanu that call records by itself would not establish anything. It was also contended on his behalf that a seasoned criminal lawyer like him would not be foolish enough to contact criminals from his own mobile number, if such criminals were actually employed by him to commit the murder as alleged by prosecution.
However, the Court was not much persuaded by those contentions. It was observed that custodial interrogation of the lawyer was highly necessary for investigation. It was also stated that power to grant pre-arrest bail under Sec.438 Cr.PC cannot be extended to freeze the investigation process. Court had only two options- either to allow the application, or to reject it. There could not be any interim direction to stay the investigation process. Hence, the earlier interim order to that effect was vacated. The court also didn't deem it fit to grant time to Adv. Udayabhanu to surender before court or investigating officer.
Read the Order Here