Nava Kerala Sadas assault case: Kerala HC issues notice to ex-CM's security personnel

The Kerala High Court on Thursday issued notices on the State's plea to cancel the anticipatory bail granted to five members of former Chief Minister Pinarayi Vijayan's security team in connection with the violence during the Nava Kerala Sadas programme in 2023.

Justice C.S. Dias issued the notice to the accused, who were earlier granted pre-arrest bail by the Alappuzha Sessions Court.

The court also granted them time to file counter-affidavits, if any, and posted the matter for further consideration on June 27.

According to the prosecution, the incident took place at around 4.08 pm on December 15, 2023, when the defacto complainant and other Youth Congress and KSU members approached a KSRTC bus carrying the then Chief Minister Pinarayi Vijayan and his Cabinet colleagues and raised slogans in protest. The prosecution alleged that although the police had restrained the protesters and ensured the smooth movement of the ministers, the accused got out of their escort vehicle carrying lathis and assaulted the protesters.

It was further alleged that the accused attacked the protesters even after the police had brought the situation under control, causing injuries with the knowledge that such injuries could potentially result in death.

The Sessions Court granted anticipatory bail to the accused after noting that a Special Investigation Team (SIT) had been constituted by the present government to conduct a fresh probe and that the likelihood of the accused influencing the investigation was low as they were police constables and not senior officials. The court also observed that custodial interrogation was not necessary for the recovery of the weapons, as the lathis allegedly used in the incident had already been surrendered.

According to the State, however, the SIT's investigation revealed that the vehicle carrying the ministers had passed through without any obstruction and that the accused nevertheless got down from their vehicle and proceeded against the protesters. The SIT also found that the weapons allegedly used were not part of the standard equipment ordinarily issued to escort personnel.

The State has challenged the bail order, contending that the Sessions Court's observation that the weapons had been surrendered was factually incorrect.
(With Live Law inputs)