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	'Investigation Going off the Track, Had Derailed': HC Press Trust of India January 1, 2008 http://www.ptinews.com/pti\ptisite.nsf/0/29A76AC3478BE32965257531003E4E56?OpenDocument Kochi, Jan 1(PTI) In an embarrassment to the CBI, the Kerala High Court today granted bail to three accused in the Sister Abhaya case after observing that investigation in the 16-year-old case was going 'off the track and had derailed'. Justice K Hema, after going through the Case Diary and examining the materials placed by CBI, said the "the investigation is going off the track, and had derailed." Further detention of the three accused-- Father Thomas Kottur, Father Jose Puthrikayil and Sister Sephi, on the basis of materials placed, would result in gross 'miscarriage of justice', the court held while allowing their bail pleas. Observing that 'there is only a chase for the shadow, rather the object in this case', she said this case is only a 'futile exercise'. "Investigation means carefully examining the facts of the situation. It is not to fix the target first, without any evidence and then make a hunt for evidence," she said in her 49-page order. The court held that the investigators must pay attention to some relevant materials in the case diary. 'Unless it is done, Abhaya's soul will not rest in peace.' The present investigation team shall make an 'in depth' study before they proceed any further on investigation, she said. The three accused were granted bail on various conditions, including that they will not make or accept any telephone calls and in case they do, their bail would be cancelled. The accused have been asked to furnish a bail bond of Rs one lakh each with two solvent sureties for the like amount. PTI
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