The Kerala High Court
Credit: DH File Photo
Kochi: The Kerala High Court on Wednesday granted bail to 10 accused PFI members in the 2022 murder case of RSS leader Srinivasan in Palakkad district.
A bench of Justices Raja Vijayaraghavan and P V Balakrishnan granted the relief to Shefeek, Jafar B, Nassar, Jamsheer H, Abdul Basith, Muhammed Shefeek K, Ashraf K, Jishad B, Ashraf Moulavi and Sirajudheen.
While Shefeek and Jaffar B, who were arrested over a year ago, were granted bail as written grounds of arrest were not furnished to them, the other eight got relief as they have been in judicial custody for over two years and the Supreme Court has restrained the NIA special court from framing charges in the case.
The High Court said that the apex court's May 6, 2024 order staying framing of charges in the case was still in effect and therefore, there was possibility of the trial being delayed even further.
"What matters essentially is the period of pre-trial detention that the accused has endured and the possibility of the trial being delayed even further.
"In view of the large number of witnesses, exhibits and material objects, there cannot be any doubt that the trial cannot be concluded in the near future even if the stay order is vacated," the bench said.
It also said that there was no direct evidence to indicate that the eight accused conspired to overthrow the democracy in India to implement Islamic rule, as was alleged against them.
It granted bail to all 10 accused subject to each of them executing a bond of Rs one lakh with two solvent sureties each for the like sum to the satisfaction of the special court.
The other conditions included that they cannot leave Kerala without prior permission of the special court, have to furnish to the Investigating Officer of the NIA their complete and current residential address and ensure that it remains updated at all times and use only one mobile number while on bail.
They have to communicate the said number to the Investigating Officer of the NIA and "shall be accessible on the said number throughout the duration of bail and shall not, under any circumstances, switch off or discard the device associated with it without prior intimation", the bench said.
All 10 were also directed by the High Court to report before the Station House Officer of the police station having jurisdiction over their place of residence once every fortnight, without fail and not to tamper with evidence and influence or intimidate witnesses.
The 10 had moved the High Court against an NIA special court's decision denying them bail in the case.
The High Court had last year granted bail to 17 other accused Popular Front of India (PFI) members in the case.
Initially, 51 people were arraigned as accused in connection with the murder of Srinivasan on April 16, 2022. One among those arrested died and seven of the accused persons could not be arrested because they are absconding.
Chargesheets against the remaining were filed in two phases in July and December 2022.
The Centre in December 2022 had directed the National Investigation Agency (NIA) to take up and investigate the murder case against the accused.
S K Srinivasan, a former district leader and office-bearer of RSS, was attacked by a six-member gang at his motorbike shop in Melamuri in Palakkad on April 16, 2022, less than 24 hours after a PFI leader -- Subair -- was allegedly killed by BJP workers in a village near there.