The two police officers accused in the Nava Kerala Sadas assault case have alleged before the Sessions Court in Alappuzha that the Special Investigation Team (SIT) probing the incident is misusing the legal process to further a political agenda.

In their anticipatory bail pleas, the accused — S Anilkumar, former gunman of then Chief Minister Pinarayi Vijayan, and S Sandeep, a member of the CM's escort team — contended that the SIT had "clandestinely abused the process of law" by misrepresenting facts before the courts. They further alleged that the investigating officers were willing to misuse legal provisions to implicate them in the case. "It is respectfully submitted that all the high-handed allegations were raised as a result of political agendas and ulterior motives," they added.

The case relates to the alleged assault on KSU and Youth Congress activists who staged a protest during the Nava Kerala Yatra in Alappuzha on December 15, 2023, when Vijayan was serving as Chief Minister.

Meanwhile, the Sessions Court on Tuesday adjourned the hearing on the anticipatory bail pleas after the prosecution sought additional time to file its counter affidavit. The petitions will be heard on Wednesday.

The accused approached the Sessions Court after additional charges, including culpable homicide under Section 308 of the Indian Penal Code, were recently incorporated into the case following the constitution of the SIT by the newly elected UDF government. They had initially sought bail before a magistrate court but withdrew their applications and moved the Sessions Court after the inclusion of the non-bailable offence.

In their plea, Anilkumar and Sandeep claimed they genuinely apprehended arrest due to political rivalry involving the ruling front. They described the prosecution's case as fabricated and pointed out that neither of them has any criminal antecedents.

The officers argued that the protesters had come dangerously close to the convoy of the then Chief Minister, who was travelling under Z-plus security cover. According to the plea, the convoy was moving slowly near a traffic signal when protesters allegedly attempted to attack it, creating a perceived threat to the Chief Minister, ministers accompanying him and security personnel.

The accused maintained that they, along with other police officers on security duty, acted only to prevent what they described as an aggressive protest that posed a security risk to the protected convoy.

The case has undergone multiple stages of investigation. Following the registration of a case at the Alappuzha South police station under Sections 294(b), 324 and 325 of the IPC, the District Crime Branch conducted an inquiry and submitted a report. The report concluded that the accused, as police personnel providing security to a protected individual, had acted in the discharge of their official duties and were protected under Section 113 of the Kerala Police Act.

However, the de facto complainants — A D Thomas, now the Alappuzha MLA, and Youth Congress leader Ajay Jewel Kuriakose — challenged the report by filing a protest complaint. The court subsequently ordered further investigation, enabling the complainants to produce CCTV footage and other materials to determine whether the alleged acts were committed in the course of official duty.

The accused argued that developments in the case took a different turn after the UDF government assumed office. They pointed out that the state cabinet constituted a Special Investigation Team to conduct a fresh probe and submit a report within a month, while also directing the filing of fortnightly progress reports before the Director General of Police.

According to the bail plea, the SIT thereafter attempted to implicate them in non-bailable offences with the objective of taking them into custody.

In the bail plea, the accused has sought anticipatory bail on the grounds that the story advanced by the prosecution is 'fabricated' and 'false in nature'.

The petitioners argued that they had approached the Judicial First-Class Magistrate Court -1, Alappuzha and filed an advance application, following which the case was listed for May 30. However, on the same day, the SIT filed a report which incorporated additional charges under section 308 of IPC along with the other offences, which are non-bailable in nature.

"It is respectfully submitted that from the act of the investigating agency it becomes very obvious that the above said investigating agency was clandestinely abusing the process of law by misrepresenting the real state of affairs before the Hon'ble courts," the plea said.

It further alleged that the SIT was misusing the provisions of law and argued that they fear being taken to custody as a part of 'political rivalry of the ruling front' rather than based on legitimate reasons.

The Court on Tuesday postponed the hearing on the anticipatory bail pleas of the accused after the prosecution sought more time to file its counter to the bail pleas filed by the accused. The petitions of all five accused will be heard on Wednesday.