Kochi: The Kerala High Court on Tuesday granted bail to four PFI workers who are accused in the 2022 murder of BJP activist K S Srinivasan at Melamuri Junction in Palakkad. The incident took place on April 16, 2022.

A Division Bench comprising Justices Raja Vijayaraghavan V and K V Jayakumar allowed the bail pleas of Muhammed Bilal, Riyasudheen, Ansar K P, and Saheer K V. The appeals were filed under Section 21 of the National Investigation Agency (NIA) Act, 2008, challenging a special court’s decision denying them bail.

The prosecution alleged that Srinivasan’s murder was part of a broader conspiracy by the banned outfit PFI to target Hindu leaders and incite communal violence. The NIA, which took over the case following a central government order, has charged the accused under several provisions of the IPC, the Unlawful Activities (Prevention) Act (UAPA), the Arms Act, and the Religious Institutions (Prevention of Misuse) Act.

The defence argued that the NIA was deliberately giving the case a communal angle. The appellants noted the extensive nature of the investigation, which includes over 1,000 witnesses, 1,688 documents, 696 material objects, and 10 terabytes of forensic data. They also pointed out that the Supreme Court has stayed the framing of charges in the case.

It was also submitted that 49 out of the total 66 accused have already been granted bail by either the High Court or the Supreme Court, and that the remaining 12, including the appellants, have been in custody for extended periods, some for over two years.

Taking this into account, the High Court observed that the trial is unlikely to begin or conclude in the near future due to the stay and the massive volume of evidence. It noted that many accused facing similar charges were already out on bail, and therefore, there was no justification to continue holding the appellants in custody.

Quashing the special court’s order, the Division Bench allowed the criminal appeals and granted bail to the four accused.
(With LiveLaw inputs)