Kerala High Court grants bail to PFI member accused of murdering RSS leader Sreenivasan, denies bail to two others

However, the court denied bail to Kaja Hussain and Jaleel P., who were also alleged to have been involved in the murder as PFI members, because there was prima facie evidence against them.

Forty-four people were arrested by the police in connection with the case. Later, the National Investigation Agency (NIA) took over the investigation as the murder was allegedly part of a larger criminal conspiracy aimed at instigating and radicalising people to commit terrorist attacks in Kerala.

The NIA filed an FIR against the same accused under Sections 120B and 153A of the IPC read with Sections 13, 18, 18B, 38 and 39 of the UAPA and the case was transferred to the Special Court at Ernakulam.

The Central Authority filed a consolidated chargesheet, after which the accused sought bail from the Special Court. After their application was denied, the three approached the Supreme Court.

The prosecution claimed that Kaja Hussain (26^th The accused had received weapons training from the PFI and had participated in several conspiracy meetings to commit the murder.

The court found that Hussain had played a crucial role in the commission of the terrorist attack by passing on important information. It therefore held that Hussain was not entitled to bail under Section 43D(5) of the UAPA.What is crucial is the type of information that the complainant allegedly passed on and which made the commission of the terrorist act possible …“, it stated.

As for Jaleel P, the prosecution opposed bail on the grounds that he was in charge of the PFI’s sports department.

The court observed that Jaleel provided shelter to Kaja Hussain and facilitated his medical treatment as both were working as members of the PFI. The court, therefore, held that Jaleel is not entitled to bail under the UAPA.

However, the court found no reasonable grounds to believe that the allegations made against Shihab P are prima facie true. It also said there were no corroborating materials or other overt acts or acts of active participation that would have denied bail. It therefore found that Shihab is entitled to bail.

“There is no corroborating material other than mere witness statements to show that Shihab P. @ Babu has taken any overt action or act of active participation to deny him bail. From the material before us, therefore, we cannot conclude that there are reasonable grounds to believe that the allegation against Shihab P. @ Babu is prima facie true. Accordingly, the appeal filed by Shihab P. @ Babu is required to be allowed. The impugned orders of the Special Court in Crl.A.No.1591 of 2024 are set aside.”

Therefore, the court allowed Shihab’s appeal and granted him bail. The appeals of Kaja Hussain and Jaleel were dismissed.

Earlier, the Supreme Court had granted bail to seventeen accused on the grounds that there were no reasonable grounds to believe that the allegations against them were prima facie true.

Case Number: CRL.A No. 1198 of 2024 and related cases

Case Title: Jaleel P v Union of India

Quote: 2024 LiveLaw (Ker) 576