[ISRO Conspiracy Case] Kerala High Court grants interim anticipatory bail to three accused

The Kerala High Court on Monday granted interim anticipatory bail to three accused in the ISRO espionage Case in which scientist Nambi Narayanan was allegedly arrested and tortured in custody (PS Jayaprakash v. Central Bureau of Investigation) (Vijayan and Anr v. Central Bureau of Investigation).The applications for bail were filed by PS Jayaprakash, Vijayan and Thampi S Durga Dutt who were part of the investigation and alleged cover-up in the espionage case..Single-judge Justice Ashok Menon ordered that in the event of their arrest, they shall be released on interim bail on execution of a bond of Rs.50,000 each and under any conditions the Police may deem fit to impose on them.The applicants were also directed to cooperate with the investigation. .Advocate Kaleeswaram Raj, appearing for PS Jayaprakash and Advocate Sasthamangalam Ajithkumar, appearing for Vijayan and Thampi, underscored the fact that the petitioners are accused for events that allegedly happened twenty-six years ago and that the court is only considering the matter of bail, not the political background of the case.Moreover, Jayaprakash is accused no. 11 and all the offences alleged against him are bailable except for one, the offence under Section 365 of IPC (kidnapping or abduction with intent to secretly and wrongfully to confine person), Raj stated.Simillary, Vijayan and Thampi also face offences of which only one, Section 365, is a non-bailable offence, added Ajithkumar. He also pointed out that the Gujarat High Court had already granted interim bail to accused no 1 and 2. All applicants are ready to cooperate with the investigation and appear for any interrogations and comply with any conditions that may be imposed, they submitted.Raj informed the Court that earlier today, Justices AM Khanwilkar and Sanjiv Khanna of the Supreme Court had ordered that after registration of FIR, investigating agency, in this case the CBI, must collect evidence on its own and not rely on the Justice DK Jain report. The report cannot be the basis to move against the accused, he pointed out referring to the Supreme Court order. As the report has been acted upon, the apex court had also directed that the enquiry conducted by the Jain Committee be closed, it was highlighted. .Further, Raj pointed out that in the case filed by Nambi Narayanan in a lower court seeking compensation, Jayaprakash had not even been made a party and neither was any allegation of torture made against him then..The Court was also informed that the Additional Solicitor General intends to appear for the respondents and sought time till Monday to do the same..Justice Menon saw merit in the arguments of the applicants that only one of the offences alleged against them is non-bailable and granted them interim anticipatory bail. The case will be heard next on Monday..[ISRO Conspiracy Case] Kerala High Court extends interim anticipatory bail granted to accused PS Jayaprakash till July 1.Jayaprakash, a retired Deputy Central Intelligence Officer, had in June 2021, approached the High Court seeking anticipatory bail after the CBI named him as an accused in the ISRO conspiracy case. Raj had submitted that the petitioner was only a middle level officer who was part of the team that was helping the Kerala Police in investigation.Advocate C Unnikrishnan, had informed the court that the de-facto complainant, Nambi Narayanan, sought to be impleaded as an additional respondent in the caseSingle-judge, Justice K Haripal, had granted the petitioner interim anticipatory bail until The Central Bureau of Investigation (CBI) files its response in the matter..In September 2018, the Supreme Court had held that the prosecution initiated by the Kerala police against Narayanan in the mid 1990s in the ISRO espionage case was malicious and had caused tremendous harassment to him..Nambi Narayanan awarded 50 lakh compensation for wrongful arrest, SC calls for probe.It had, therefore, ordered a compensation of Rs. 50 lakh to Naryanan and the constitution of a three-member panel under retired judge, Justice DK Jain to identify those responsible for the wrongful arrest, custodial torture and unjustified incarceration of Narayanan and others in the ISRO Espionage case, 1994. The findings of the panel were forwarded to the CBI for further probe..[BREAKING] Supreme Court orders CBI probe into wrongful arrest of ISRO scientist Nambi Narayanan .Subsequently, the CBI opened a criminal enquiry against several former law enforcement officials, including Jayaprakash and Vijayan, who were allegedly involved in the police frame-up of Narayanan and others. Thereafter, they filed a First Information Report (FIR) marked as classified in the court of Chief Judicial Magistrate, Thiruvananthapuram.The offences alleged in the new FIRs against several of the accused are under the following Sections of the Indian Penal Code (IPC):167 - Public servant framing an incorrect document with intent to cause injury;218 - Public servant framing incorrect record or writing with intent to save person from punishment;330 - Voluntarily causing hurt to extort confession;323 - Voluntarily causing hurt;195 - Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment;348 - Wrongful confinement to extort confession;365 - Kidnapping or abduction with intent secretly and wrongfully to confine person;477A - Falsification of accounts;506 - Criminal Intimidation;120B - Criminal Conspiracy..[Read Order]