Kollam Doctor Murder: Accused Sandeep Impleaded As Respondent In Plea Seeking Transfer Of Probe To CBI
The Kerala High Court today allowed the impleading application filed by Sandeep, the accused in the brutal murder of the 23-year-old house surgeon Dr. Vandana Das, in a plea seeking transfer of probe to the Central Bureau of Investigation (CBI).Justice Sophy Thomas passed the order stating,“Crl MA 1/2023 is the petition filed by accused….to get impleaded as 5th respondent in the writ...
The Kerala High Court today allowed the impleading application filed by Sandeep, the accused in the brutal murder of the 23-year-old house surgeon Dr. Vandana Das, in a plea seeking transfer of probe to the Central Bureau of Investigation (CBI).
Justice Sophy Thomas passed the order stating,
“Crl MA 1/2023 is the petition filed by accused….to get impleaded as 5th respondent in the writ petition criminal. Heard both sides and the petition is allowed impleading the accused as the 5th respondent. Registry to carry out the impleading.”
Dr Vandana's parents had approached the Court seeking transfer of the investigation to the CBI.
During the hearing today, Additional Director General of Prosecution, Grashious Kuriakose submitted that the investigation has been completed by the police and the charge sheet was also filed. It was submitted that the case is also numbered and pending before the Additional Sessions Court, Kollam. Relying upon Apex Court decisions, it was argued that there are no rare and exceptional circumstances warranting the transfer of the probe to CBI. It was also contended that mere allegations against the investigating body without any evidence are insufficient for seeking a transfer of probe. Further, it was also stated the State Police Chief has filed an Action Taken Report regarding the details of the investigation. The Counsel also stated that the State Police is ready to hear any grievance raised by the parents and can take necessary actions.
Advocate Gokul D Sudakaran on behalf of Senior Counsel Dr K.P Satheesan, Special Prosecutor, CBI submitted that the State Police has completed the investigation and the final report was also filed. It was argued that only if defects or latches are pointed out in the final report, further investigation can be sought to be conducted by the CBI.
Advocate B A Aloor, representing the accused, Sandeep submitted that his impleading application may be allowed and that he may be heard. He submitted that the pendency of this petition was causing delay in his trial.
The Court on hearing all the arguments allowed the impleading application filed by Sandeep and posted the matter for hearing on January 18.
The plea has been moved through Senior Advocate P. Vijaya Bhanu, and Advocates Sruthy N. Bhat, Nikita J. Mendez, M. Revikrishnan, Ajeesh K. Sasi, Rahul Sunil, P.M. Rafiq, and Sruthy K.K.
Case Title: K.G. Mohandas & Anr. v. Central Bureau of Investigation & Ors.
Case Number: WP(Crl.) 641/ 2023