Kerala HC issues notice on plea against bail for Vijayan security personnel

The Kerala High Court issued notices to five members of former Chief Minister Pinarayi Vijayan’s security team on the state government's plea seeking cancellation of anticipatory bail in the alleged assault case involving Youth Congress workers during the 2023 Nava Kerala Sadas

Kochi: The Kerala High Court on Thursday issued notice to five members of the former Chief Minister Pinarayi Vijayan’s security team on the state government’s plea seeking cancellation of the anticipatory bail granted to them in connection with the alleged assault on Youth Congress workers during the Nava Kerala Sadas programme in 2023.

Justice C.S. Dias ordered notice to the accused police personnel, who were granted pre-arrest bail by the Sessions Court, Alappuzha, and granted them time to file their counter affidavit.

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The matter has been posted for further hearing on June 27. The development came on a day when the Special Investigation Team (SIT) probing the case inspected the office of the then ADGP (M.R. Ajithkumar, who was in charge of law and order).

The team collected the visitor register, CCTV footage and other records from the office and the police club. The inspection followed statements by members of the earlier investigating team that certain case records were allegedly altered at the ADGP’s office.

A team led by Deputy SP Baiju Paulose carried out the examination. This is reportedly the first time an SIT has inspected the office of an ADGP as part of an investigation.

The prosecution case is that on December 15, 2023, during the Nava Kerala Sadas programme, Youth Congress and KSU workers approached the KSRTC bus carrying the then Chief Minister Pinarayi Vijayan and Cabinet members and raised slogans in protest.

According to the police case, though the protesters were restrained and the movement of the ministers was ensured, the accused members of the escort team allegedly got out of their vehicle with lathis and assaulted the protesters.

The state government alleges that the assault continued even after the situation had been brought under control and that the accused caused injuries with the knowledge that they could endanger the lives of the victims.

The Sessions Court had granted anticipatory bail, observing that the government had constituted an SIT for a fresh probe and that the possibility of the accused influencing the investigation was limited as they were police constables and not senior officers.

The court had also noted that custodial interrogation was unnecessary as the lathis allegedly used in the assault had already been surrendered.

However, the state government has challenged the bail order, arguing that the SIT investigation revealed that the ministerial vehicle had passed without obstruction and that the accused personnel allegedly got down and proceeded towards the protesters despite there being no threat.

The SIT also reportedly found that the weapons used were not part of the authorised equipment normally issued to escort personnel.

The government has contended that the Sessions Court’s observation regarding surrender of the weapons was factually incorrect and that continuation of bail could affect the investigation.