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2023 Supreme(Ker) 18

K. BABU
P. S. Jayaprakash, S/o. N. Sudhakaran – Appellant
Versus
Central Bureau Of Investigation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.KALEESWARAM RAJ, VARUN C.VIJAY
For the Respondent: S.NAMBI NARAYANAN, NSS LANE,PERUMTHANNI, TRIVANDRUM, SHRI.S.V.RAJU, SRI.MANU S., SRI.SUVIN R MENON, ADV.SRI.ANSHUMAN SINGH, ADV.SRI.ANKITBHATIA, ADV.SRI.HARSH PAUL SINGH, ADV.SRI.HITARTH RAJA, SRI.C.UNNIKRISHNAN (KOLLAM)

ORDER :

The petitioners are accused in Crime No.RC7(S)/2021-SC-II/CBI/New Delhi. The petitioners in B.A.No.5109 of 2021 are accused Nos.1 and 2 in the crime. Accused No.4 is the petitioner in Crl.M.C.No.4424 of 2021. The petitioner in B.A.No.5809 of 2021 is accused No.7. Accused No.11 in the crime is the petitioner in B.A.No.5010 of 2021. The petitioner in B.A.No.6502 of 2021 is accused No.17.

2. The petitioners are alleged to have committed offences punishable under Sections 120-B read with Sections 167, 195, 218, 323, 330, 348, 365, 477-A, and 506 of the Indian Penal Code.

Background

3. Sri.S.Nambi Narayanan, a renowned scientist of the Indian Space Research Organization (ISRO), was arrested in a prosecution initiated by the State Police, which was found to be false and baseless. The prosecution resulted in harassment and immeasurable torture of Sri.Nambi Narayanan. The criminal law was set in motion without any foundation by which the liberty and dignity of Sri.Nambi Narayanan and some others, including Ms.Mariyam Rasheeda and Ms.Fauzia Hassan, were put in danger. The State Police failed to take the required care and caution while dealing with an extremely sensitive case.

3.1. The fa

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