HC grants bail to Abhaya case accused, raps CBI

Justice K Hema allowed bail to the three on the conditions that they should not use mobile or land phones, should surrender their passports with the Chief Judicial Magistrate, inform the court about their place of residence, not try to influence the witnesses and co-operate with the CBI investigation.

Though the CBI had taken strong exception to the court demand to examine the case diary, the judge said Section 172 of the Criminal Procedure Code gave it the right to look into the case diary. The court said though the present team can continue the probe, a senior, efficient, officer should oversee the probe.

Earlier, the CBI had pleaded with Chief Justice that the bail application should be moved out of Justice Hema8217;s court as she was 8220;prejudiced towards the case8221;.

On Thursday, CBI counsel A V S Namboothiri said the agency would move the Supreme Court against the verdict.

Meanwhile, legal experts said the 8220;unusual8221; bail conditions appears to infringe on the fundamental rights of the accused. Expressing surprise at the HC asking the accused not to make or receive telephone calls, Law Commission of India member Dr Tahir Mahmood said, 8220;It is definitely an unprecedented innovation. Restrictions, which the court imposes while releasing the accused persons, have to be reasonable.8221;

Retired Delhi HC judge R S Sodhi said that by imposing such conditions courts sound as if they were doing a favour while granting bail. 8220;No condition must be harsh enough so as to make the provision of bail itself onerous and futile,8221; felt the former judge who had heard appeals in the Jessica Lall and Priyadarshini Mattoo murder cases. Justice Sodhi said 8220;the courts have the discretion to impose certain reasonable restrictions ensuring that it does not infringe upon the investigating rights for the clean and fair trial.8221; At the same time, he warned, courts must ensure that it must never be infringing upon the fundamental rights of the accused persons, like right of speech.

Noted advocate Prashant Bhushan said, 8220;the court has powers and the discretion to impose conditions while granting bail. Whether it is harsh or not, has to be in the context of the each case.

8220;Certain reasonable and just restrictions may be warranted while setting an accused free,8221; he added.