IN A major setback for the CBI, Kerala High Court on Friday granted anticipatory bail to six former officers of Kerala Police and Intelligence Bureau in the case pertaining to the alleged conspiracy behind framing former ISRO scientist Nambi Narayanan in the 1994 spy case. The accused who got pre-arrest bail included former Kerala DGP Siby Mathews and former Gujarat DGP R B Sreekumar, who had served as deputy director with IB in Kerala in 1994. Others are P S Jayaprakash, Vinod Kumar Maini, (both former IB officers), S Vijayan and Thampi S Durgadutt (former Kerala Police officers). A bench of Justice K Babu directed the accused petitioners to appear before the CBI on January 27 for questioning. In the event of their arrest, the court said they shall be released on bail on their executing bond for Rs 1 lakh each with two solvent sureties each for the like sum. Referring to the CBI contention that the conspiracy behind the spy case has international ramifications, the judge said: “I have carefully examined the case diary and the Justice D K Jain Committee report. I am unable to find any credible material to prima facie find any elements of such conspiracy. There is absolutely no indication or credible material to prima facie hold that a foreign power had a hand in persuading the accused in the registration of the crimes related to the spy case.” “On a careful analysis of the materials placed before the court, I am of the view that the prosecution has so far not prima facie established any element of conspiracy,’’ said the judge. “There was a glaring lack of professionalism in the discharge of duties by the accused especially by the officials of the Kerala Police. However, the mental element of the accused in the commission of the alleged offences and their alleged participation in a conspiracy as projected by the prosecution is yet to be established by the CBI,’’ said the judge. The HC considered the matter after SC last month set aside anticipatory bail to the former officials.
