HC dismisses govt appeal in custody death case

Kerala High court Friday dismissed an appeal by the state government challenging a single judge`s direction to hand over investigation of a custody death case to the CBI.

Kochi: Kerala High court Friday dismissed an
appeal by the state government challenging a single judge`s
direction to hand over investigation of a custody death case
to the CBI.

Dismissing the appeal, a division bench comprising Chief
Justice J Chelameswar and Justice P N Ravindran, however,
sought to know why the government was against a probe by an
independent investigating agency like the CBI.

Sampath was the first accused in the murder of Sheela, a
49-year-old housewife at Palakkad. He along with two others
were arrested from Coimbatore five days after the murder in
March this year and during questioning, the accused had
collapsed and died.

The government, in its appeal, argued that police probe
in the case was going on in the right direction and morale of
the police would be affected if the investigation was handed
over to CBI.

The bench pointed out that while in the Sheela murder
case the accused were arrested in five days, no arrest was
made in the custodial death case yet.

The bench also disposed of a petition by former Palakaad
SP, Vijay Sakre, saying the observations of the single judge
were not against any individual.

Sakre had submitted that without hearing him the single
judge had made some `unjustified and unwarranted`
observations.

On a petition by Sampath`s brother seeking CBI probe, the
high court had on May 25 directed police to handover the case
to the agency.

Fourteen persons including a DySP, a Circle Inspector and
two Sub-Inspectors have been suspended in the custodial death
case.

PTI

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