Kerala High Court Stays BJP State President K Surendran's Discharge In Election Bribery Case

The Kerala High stayed the order of the Sessions Court, Kasargod allowing the discharge petition filed by BJP Kerala State President K. Surendran in the Manjeswaram election bribery case. The order was pronounced by Justice K. Babu

The prosecution case was that during the 2021 Kerala Assembly election, K. Surendran, while he was contesting from the Manjeswaram constituency, threatened and bribed another candidate in the same constitutency, K. Sundara, a BSP candidate and made him withdraw his nomination. The allegation is that the BSP candidate was detained and was compelled to accept the bribe of Rs. 2.5 Lakh and a mobile phone worth Rs. 8,300 for withdrawing his nomination. The prosecution also submitted that K. Sundara belonged to Scheduled Caste. The BJP President was booked under Section 171(E)(bribery), 171B, 342 (wrongful confinement), 506(i) (criminal intimidation) and 201 of the Indian Penal Code and Section 3(l)(i)(B) and Section 3(2)(Va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act).

The FIR was registered on a private complaint given to the Judicial First Class Magistrate, Kasargod by V. V. Ramesan, the LDF candidate in the same constituency.

The State submitted that the discharge application was allowed by the Sessions Judge on the ground that there was no prima facie case for offences under Section 342, 506(1) of the IPC as well as offences under the SC/ St Act. For offences under, Section 171(B) and 171(e) of IPC, the Court observed that it has no authority to frame charge after the period of limitation under Section 468 of the Cr.PC. The Court also noted that the earlier statement of K. Sundara is contrary to the prosecution case and his subsequent statements.

The prosecution alleged that there were subsequent materials to place the matter for trial.

The matter is next posted for 8^th November.

Case Title: State of Kerala v K. Surendran

Case Number: Crl.Rev.Pet. 1095/ 2024