Kerala High Court grants bail to 10 CPI(M) workers accused of Muslim League worker's murder

The Kerala High Court on Monday granted bail to ten accused persons, all CPI(M) workers, who were allegedly involved in the Thalassery post - poll violence which culminated in the death of one and injury of another Indian Union Muslim League worker(IUML). (Shinos KK v. State of Kerala).Single judge Justice K Haripal noted that Thalassery is a hub of political rivalry and clashes as a result of which huge number of sessions cases are pending in the courts."In such circumstances, it is unlikely that the trial of the case will be able to be taken up in the near future. That would result in protraction of trial and indefinite detention of the petitioners in custody. Such a pre-trial detention is not expedient nor in public interest", the Court stated while granting bailThe Court said that the incident, which occurred on the eve of the last Assembly elections in April 2021, was undoubtedly the culmination of political rivalry."I have no doubt that the incident was the culmination of political rivalry between the activists of the CPI(M), who are the petitioners and rival political group i.e., Indian Union Muslim League".It also considered the policy of Courts to reduce overcrowding in prisons during the pandemic."We are still in the grip of the Covid pandemic. The hon'ble Supreme Court has issued various guidelines for easing the crowd in prisons. It is the policy of Courts to ease overcrowding in prisons and therefore, that aspect also impels this Court to think of granting bail to the petitioner," the order said. .The petitioners are all accused in the post poll violence that took place in the Thalassery Taluk in Kannur District allegedly between CPI(M) and IUML workers on April 6, 2021. These clashes resulted in grievous injuries to two IUML workers Mansoor and Muhsin. Mansoor later succumbed to his injuries. .Senior Advocate P Vijayabhanu, appearing for the petitioners, submitted that on conclusion of investigation, final charge sheet has already been laid, all recoveries have been effected and therefore, their further detention is not warranted. Pertinently, he pointed out that even 10 year old sessions cases are pending in the sessions division and therefore, detaining the petitioners indefinitely in jail is not in public interest..Counsel for Mansoor's mother, who had been impleaded as an additional respondent, strongly opposed the application. It was contended on her behalf that it was a pre-planned political murder committed by the activists of the ruling party. Moreover, it was claimed that granting bail to such persons who are accused of a heinous crime would embolden them to repeat such political violence in future and will subvert trial itself, he added. .The Court observed that the total number of sessions cases pending in the Thalassery division is 5,498, of which murder cases where custodial trial is intended is 8..A report filed by the Investigating Officer stated that though the native place of the accused persons and the place of occurrence is politically sensitive in nature, the law and order situation is at present satisfactory..Taking all these factors into account, the Court granted bail to the petitioners. "No doubt, the allegations against the accused are very grave. Still, so long as the final report is laid, it is not in the interest of justice, unless overwhelming reasons are made out, to keep the suspects in custody. The presumption of innocence is always the guiding factor for the Court. The accused can be detained in custody indefinitely only if very strong circumstances are made out," the Court said. .The Court imposed stringent conditions including execution of bond and two solvent sureties of ₹2,00,000 and surrender of passports. The Court also ordered that the petitioners shall not enter Kannur Revenue district until the examination of all material witnesses except for the purpose of attending courts. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.