Monday, July 11 2005 17:21 Hrs (IST) - World Time -

Mumbai: A sessions court here today (July 11, 2005) granted anticipatory bail to six policemen, who are fearing arrest in the case of alleged custodial death of Khwaja Younus, an accused in the 2002 Ghatkopar blast in north-east Mumbai.

Judge P V Bavkar granted bail to ACP Ambadas Pote, inspectors Arun Borade and Rajendra Joshi and three others on condition that they should visit investigation office whenever required.

The court observed that, the six cops had cooperated with the probe and hence were being granted anticipatory bail.

Opposing their bail, prosecutor R B Mokashe told the court that granting liberty to the police personnel would send a wrong message to the society that policemen can kill anyone.

Defence lawyer, however, argued that the arrest of the accused had already demoralised the police force.

31 policemen urged for bail

Altogether 31 policemen had urged for anticipatory bail. Of these, six were granted bail today, while the rest got temporary reprieve as the court asked CID to give them 72 hours notice in case they wanted to arrest them.

According to police, Khwaja Younus, a POTA detenue charged with engineering bomb blast in Mumbai, disappeared from police custody when a jeep taking him to Ahmednagar met with an accident on January seven, 2003. However, co-accused Dr Abdul Mateen informed the court that Younus was beaten by the policemen in his presence and that he died in custody.

CID contended that it wanted to arrest Pote, Borude and four others. The agency also gave a detailed chart of charges against Pote, Borude and Joshi, besides an ASI and two constables, holding them responsible for Younus's alleged custodial death.

The CID contended that custodial interrogation of Pote and Borude was required to find out what exactly happened to Younus, and this was possible only if they were arrested.

Pote, the CID alleged, rushed to the Ghatkopar unit of Mumbai crime branch when he came to know about Younus's death on January six, 2003.

The CID has claimed that it has printout of Pote's mobile used on January six, which suggests that he was present at Ghatkopar between 3.43 pm to 5.12 pm.

investigators says Pote tried to conceal

The investigating agency has alleged that Pote tried to conceal the matter and even concoct a story on how Younus escaped near Ahmednagar when the police vehicle taking him to Aurangabad for investigation met with an accident on January seven.

CID claims Pote, senior-most officer of the crime branch heading Ghatkopar blast investigation, was responsible for Younus's custodial death. CID alleged that Pote tried to mislead the POTA court by lying on the oath.

CID alleges Inspector lied on oath before the Court

CID alleged that inspector Arun Borude was responsible for the Younus' well being and he too had lied on oath before the POTA court. CID asked for custodial interrogation of Borude since he was present at the Ghatkopar crime branch unit and was aware of what happened with Younus.

Joshi, the CID alleged, has refused to provide details about the persons who interrogated Younus or who had taken him to Aurangabad.

While Joshi maintained that he questioned Younus at his Powai crime branch unit office, the printout of his cell phone suggested that several calls were made from his mobile to his office landline during the period, which indicated that he was not in office, the CID alleged.

The prosecution argued that except these six policemen, the others be given temporary relief on condition that they can be arrested by the CID within 72 hours notice.

The court had earlier granted interim anticipatory bail to 16 policemen from the Powai unit of crime branch and 13 policemen attached to the Ghatkopar unit of the Crime Branch who are fearing arrest in the case. All of them contended that they were not involved in alleged assault on Younus in the custody.