The crusade for justice to deceased Sr. Abhaya still remains only a cry in the wilderness. No organized prayers, fasting or agitation have been devoted to the cause of identifying her detractors. But it is a tribute to the civil society of Kerala that even after 16 long years, despite all the odds, the fight for justice to her is not given up yet. Whether written in Deva Nagari script at the appropriate spot or not, the Indian Constitutional Republic believes and has faith in the eternal principle or axiom (or is it only a fiction to motivate the righteous) that truth shall ultimately triumph - Satyameva Jayathe. Invoking that sublime axiom, let me address myself to the issues.

2. A synoptic resume of the events may be relevant. The dead body of Sr. Abhaya, a young lass in her late teens, a nun was found in a well in the compound of the Convent where she was an inmate. This was on 27.3.1992. Hurriedly initial investigation appears to have been done by the local police. Investigation was handed over to the CBCID. Later it was handed over to the C.B.I. All three initially came to the conclusion that it was a case of suicide. The Chief Judicial Magistrates before whom such reports were filed, with fortitude refused to accept such reports. Further investigation was directed. The C.B.I. continued the investigation. They appear to have come to the conclusion that it was undoubtedly a case of homicide. Report to that effect was filed. It was received by the Magistrate. Still, surprisingly, the caption of the crime registered continued to be one of unnatural death. The section of offence was not altered to S.302 I.P.C. Investigation by the C.B.I. continued. Repeatedly reports were filed that though a case of homicide, the offenders in this case were not traceable. The Magistrates refused to relent. The matter came up before this Court.

3. To cut a long story short, ultimately as per directions of this Court on 11.2008 the Kochi Unit of

C.B.I. started investigation. The present Investigators, one who the C.B.I. claimed has impeccable history as a professionally competent investigator took over the investigation on 11.2008. Immediate results appear to have been struck. On 111.2008 the three accused persons (accused 1 to 3), the petitioners herein, were produced before the learned C.J.M. Accused 1 and 2 were arrested on 111.2008 and accused 3 was arrested on 111.2008. They were produced before the learned C.J.M. along with four important documents. They are:

1) The inclusion report to include the offence under S.302 I.P.C., which as I indicated earlier, surprisingly was not filed at any earlier point of time. The said inclusion report further shows that the Investigator has identified accused 1 to 3 to be involved in the offence of murder of Sr.Abhaya.

2) A remand report, which is expected to be filed under S.167(1) Cr.P.C.

3) A petition seeking police custody and

4) An affidavit seeking police custody for a period of 14 days to facilitate continuance of interrogation. This was filed to comply with the mandate of R.20 of the Kerala Criminal Rules of Practice.

4. The learned C.J.M. appears to have perused those documents. The learned Magistrate by the impugned common order directed that all the three accused be handed over to the custody of the

C.B.I. for the purpose of further investigation for a period of 14 days. It is that order which is assailed before me primarily.

5. I have heard the counsel for all the three accused and the learned Standing Counsel for the C.B.I. The father of the deceased Sr.Abhaya wanted to be heard and I have allowed his counsel to assist the court by making his submissions.

6. Four grounds have been taken by the petitioners/accused to assail the impugned order. They are:

1) The Investigating Officer had no reasonable or justifiable ground to arrest the accused.

2) There has been gross inadequacy in the report under S.167(1) Cr.P.C. in that the mandate of the section that the extracts of the case dia