The state government on Thursday informed the Kerala High Court that it cannot hand over the case diary of the Periya twin murder case to the CBI as the matter was pending before the Supreme Court and that the Division Bench had upheld the investigation and the final report.
When the bail plea of Subeesh, an accused in the case, came up for hearing, the CBI submitted that it could not proceed with the probe without the case diary. The Crime Branch did not hand over the case diary even after repeated requests by the central agency. The CBI also requested the court to direct the crime branch to hand over the case diary.
Senior Public Prosecutor Suman Chakravarthy submitted that the appeal filed by the state government against the CBI inquiry is pending before the Supreme Court and it had asked the parties in the case to respond within four weeks.
Meanwhile, the CBI has issued notice to the Crime Branch under section 91 CrPC directing to transfer the case diary to the CBI. So if the CBI has anything to submit, that can be before the Supreme Court, Chakravarthy said.
The CBI further requested the court that the case diary has to be collected and put in the safe custody of the court.
According to the petitioner, Subeesh is languishing in jail for more than two years. Hence, the continued detention of the accused is not necessary. After the conclusion of the arguments by the parties, the court reserved its order in the bail plea.