Kerala HC Grants Bail To PFI Member In RSS Leader Sreenivasan's Murder Case, Denies Bail To Two Others

The case initially involved 44 arrests, with the investigation later being taken over by the National Investigation Agency (NIA). The NIA's involvement was based on allegations that the murder was part of a broader conspiracy aimed at inciting radicalization and terrorist activities in Kerala. The NIA registered an FIR against the accused under various sections of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA), which led to the case being transferred to a Special Court in Ernakulam.

Following the filing of consolidated charge sheets by the NIA, the accused sought bail from the Special Court but were denied. They then appealed to the High Court.

A Division Bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M said, “There is no corroborative material, other than mere statements of witnesses, to show that there were overt acts or acts of active participation by Shihab P. @ Babu in order to deny him bail. We are hence unable to conclude from the material placed before us that there are reasonable grounds for believing that the accusation against Shihab P. @ Babu is prima facie true. Accordingly, the Crl.Appeal preferred by Shihab P.@ Babu has to be allowed. The impugned orders of the Special Court in Crl.A.No.1591 of 2024 shall stand set aside.”

In contrast, bail was denied to Kaja Hussain and Jaleel P, who are also accused of being members of the Popular Front of India (PFI) involved in the murder. The Court found sufficient prima facie evidence against them, which led to the denial of bail.

The prosecution argued that Kaja Hussain, as the 26th accused, had undergone arms training with PFI and participated in conspiracy meetings related to the murder. The court acknowledged that Hussain had played a significant role in facilitating the terrorist act by transferring crucial information, leading to the decision to deny him bail.

The Court added, “The nature of the information allegedly passed on by the appellant which facilitated the commission of the terror act is what matters and not the mere distance at which the person who passed on the information may stand from the actual commission of the terrorist act. When read along with the statements of witnesses and approvers, the material put forth would reveal reasonable grounds to believe that the accusation against Kaja Hussain @ Robot Kaja (A30, now A-26) is prima facie true. We therefore find the accused disentitled to a release on bail under Section 43D (5) of the UA (P) Act.”

Regarding Jaleel P, the prosecution argued that he was responsible for the physical education wing of PFI and had aided Kaja Hussain by providing him medical treatment and shelter. The court determined that Jaleel’s involvement in supporting Hussain and his role in PFI justified the denial of bail.

The High Court granted bail to seventeen other accused persons earlier in similar circumstances, where the court found no reasonable grounds to support the accusations against them.

Cause Title: Jaleel P. v. Union of India & Anr., [2024:KER:69872]

Appearance:

Appellants: Advocates E.A. Haris, P.P. Harris, Renjith B. Marar

Respondents: Advocates Sreenath S, Sasthamangalam S. Ajithkumar (Sr.)