Surprising That Investigation of Crime Registered In 2018 Is Not Yet Completed: Kerala HC Dismisses Bail Plea Of SFI State Secretary

The Kerala High Court on Tuesday dismissed the bail petition of P M Arshom, the State Secretary of the Students' Federation of India (SFI), who was arrested in connection with many cases including an attempt to murder.

Justice Viju Abraham dismissed the bail plea of Arshom, who is a leader of the students' wing of the ruling CPI(M), saying he was taken into custody for violation of the bail conditions and got involved in 12 crimes while on bail.

"The petitioner who is continuing in custody for having abused the freedom/liberty granted to him... by getting involved in 12 other crimes thereafter, cannot be equated to a person who continues in custody without any charge sheet being filed against him," the Court said.

"It is also surprising to note that the investigation of this case is not yet completed even though the crime was registered as early as 2018", the Court observed.

In his order denying bail, Justice Abraham said this was not a case where the petitioner was continuing in jail only for the reason that investigation was not completed whereby entitling him to statutory bail.

"This is a case where regular bail was granted even before the statutory period was over but on conditions. Now the petitioner is in custody not for the reason that investigation could not be completed within the stipulated period but for the reason that he has violated the conditions in the bail order for having been involved in 12 crimes after the bail was granted," the Court said.

The Court said that "If the interpretation suggested by the petitioner is adopted, the petitioner will be entitled to get bail after 6 days of custody after the cancellation of bail for having violated the conditions in Annexure A1 order, and in such a situation the provisions of Section 439(2) Cr.P.C. will be rendered purposeless and the petitioner will be taking advantage of his own wrong". 

The 27-year-old Students' Federation of India (SFI) leader was under arrest in a case registered in Ernakulam alleging commission of offences punishable under Sections 323, 324, 455, 308, 506 and 427 of the Indian Penal Code. Arshom was arrested on June 12 for violating the bail conditions.

Click here to read/download Order 

With PTI inputs