The Kerala High Court recently comprising of a bench of Justice K Haripal 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)
The bench while releasing all the accused on bail remarked that Thalassery being a hub of political rivalry and clashes, a huge number of sessions cases are pending in the courts in the locality.
The court said, "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 pre-trial detention is not expedient nor in the public interest".
Facts of the case
The petitioners were accused of post-poll violence that took place in the Thalassery Taluk in Kannur District allegedly between CPI(M) and IUML workers on April 6, 2021.
In the above incident, two brothers- Muhasin and Mansoor, sustained grievous injuries. Later, Mansoor succumbed to the injuries and thus, offence under Section 302 of IPC was also incorporated. During the course of the investigation, offences under Sections 25(1)(B)(b) and 27(1) of the Arms Act were also added.
At the conclusion of the investigation, a charge sheet was laid against 12 accused, including the petitioners. Before the arrest, the second accused/ Sangeeth committed suicide, while the seventh accused/ Brijesh was absconding.
A case was registered against the accused for the offence punishable under Sections 143, 147, 148, 341, 323, 324, 326 and 307, read with 149 of the Indian Penal Code and also under Sections 3 and 5 of the Explosive Substances Act. The case was registered on the basis of the First Information Statement given by Rafeeq, uncle of Muhasin and Mansoor.
Hence the present bail application was filed.
Contention of the Parties
The counsel for the petitioners submitted that on the conclusion of the investigation, a charge sheet has already been laid on July 5, 2021, that the petitioners were arrested between April 7, 2021 and May 7, 2021, 8th petitioner/Vipin had surrendered on April 16, 2021, that all recoveries have been affected and therefore, their further detention was not warranted.
According to the Counsel, even though it was alleged in the First Information Statement that the injured and deceased were attacked using a sword, no such sword has come to the notice of the Investigating Officer and the final report was laid, as they had attacked the injured and the deceased using a wooden stick, iron pipe and bomb. According to him, Muhasin had sustained only minor injuries.
The Counsel also submitted that material witnesses are the father, brother and neighbours of the deceased and the injured and all of them are Muslim League activists, whereas the petitioners/the accused belong to a rival political party, the CPI(M).
According to the Counsel, even 10-year-old sessions cases are pending in the sessions division and therefore, detaining the petitioners indefinitely in jail is not in the public interest.
The counsel for the additional third respondent strongly opposed the application. According to him, it was a pre-planned political murder committed by the activists of the ruling party, on the eve of the general election, on April 06, 2021. That day between 1.00 P.M. and 1.30 P.M., some political clashes had taken place, out of which Muhasin, the booth agent, was sought to be killed by the assailants. When he had moved on a motorcycle, he was intercepted by the mob, the accused persons, and hurled a bomb at him.
The allegations against the petitioners are very serious and there is reasonable apprehension that they would tamper with evidence. All the 10 eyewitnesses including three injured are neighbours. If the petitioners are released on bail, there may not be a free and fair trial due to the threats which would be made by the petitioners, who are highly influential.
Courts Observation & Judgment
The Court was of the opinion that since the district has always been a hub of political rivalry, their trial would take time considering the pendency of cases before the trial court.
The Court noted that the total number of sessions cases pending in the Thalassery division is 5,498, of which murder cases where the custodial trial is intended is 8.
The bench noted that 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.
The bench taking all these factors into account granted bail to the petitioners, the court said, "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 bench observed, "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."
The bench remarked, "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 Court imposed stringent conditions including execution of the bond and two solvent sureties of Rs2,00,000 and surrender of passports and that the petitioners shall not enter Kannur Revenue district until the examination of all material witnesses except for the purpose of attending courts.
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