About one-and-half decades ago, dead body of a nun, Sr. Abhaya, who is an inmate of Pious Xth Convent Hostel was extricated from a well situated in the hostel-compound. The hostel is a ladies hostel run by the nuns. There were altogether 123 inmates in the hostel who include, 20 nuns. The third accused is a nun, and she was residing in the hostel on the ground floor (basement/cellar region where kitchen, dining hall, etc., are situated). She was assisting Sr. Helen who was in charge of the mess/kitchen in the hostel and both of them were occupying the same room allotted to them in the hostel. On the crucial day, Sr.Helen was not present in the hostel.

2. Third accused was allegedly having clandestine affair with two Christian priests who were teaching in a college. The first accused was teaching in Psychology and the second accused, in Malayalam. On the crucial day, on 27.3.1992, since Sr. Abhaya was preparing for examination Sr. Shirly woke her up as promised, early in the morning at 4 am. Thereafter, Sr. Abhaya went to toilet and then, to the kitchen to take cold water from the fridge to smear it on the eyes and face to keep her awake.

3. But, when Sr. Abhaya went to the kitchen, she allegedly saw the two priests and the nun (A1 to A3) in a compromising position. Fearing exposure, first accused allegedly strangulated her by her neck, third accused (nun) beat her with an axe, and all the three took her by force and dumped her in the well in a conscious state and she died due to drowning. (as this part of the alleged assault was not quite clear from the case diary and even from the narco analysis report, I specifically ascertained those details from the prosecution, while learned Standing Counsel, on consultation with the investigating officer, narrated the above facts).

4. These are the three bail applications filed by accused 1 to 3, who were arrested after more than 16 = years of the death of Sr. Abhaya and remanded to judicial custody on111.2008. Learned

senior counsel Sri. M.K.Damodaran, learned counsel Sri. B. Raman Pilla and Sri. C.P. Udaya Bhanu argued the matter on behalf of third, first and second accused respectively. B.A.Nos.7508, 7551 and 7311 of 2008 are filed by accused 1 to 3 respectively.

5. Learned counsel Sri. A. X. Vargheese filed a petition for impleading Sr. Abhayas father in the bail applications. Sr. Abhayas father is neither a private complainant nor the defacto complainant. He has not pointed out any locus standi, as per law, to be on record as a party to the present proceedings. Learned counsel could not also point out any legal right to get Sr. Abhayas father impleaded in the bail application. Hence, the prayer for impleading can only be rejected and I do so. Still, on the peculiar facts and circumstances of this case, I felt that an opportunity of hearing need not be denied to deceased Sr. Abhayas father and hence, he was also heard. But, it is made clear that this permission of hearing was granted to him, not as of any legal right to be heard in the matter.

6. Learned counsel for petitioners raised mainly the following grounds, among other grounds, to grant bail:

1) Petitioners are totally innocent and they are victims of the sensation created by media and they are arrested without any evidence against them.

2) Sr. Abhaya committed suicide and she was not assaulted nor murdered, as alleged.

3) Several circumstances indicate that there could be no assault at the alleged scene, as alleged.

4) Though there were bleeding injuries on Sr. Abhaya, not even a drop of blood was present at the alleged scene of occurrence, alleged weapon of offence or the veil found at the scene of occurrence.

5) The injuries on the deceased could not have been caused by the alleged weapon of offence.

6) Medical evidence supports a case of suicide and not homicide.

7) Scientific examinations like brain finger printing, polygraph etc., done on petitioners prove their innocence rather than proving their guilt.

8) Com