Kerala High Court Grants Bail To Main Accused In AKG Centre Attack Case

The Kerala High Court on Friday granted bail to a Youth Congress leader who was arrested last month for his alleged involvement in the attack on the AKG Centre, which is the State Committee Office of the CPI(M).

Justice Viju Abraham, considering the fact that the investigation has considerably progressed and there is no allegation that anyone was injured during the alleged incident, said the further detention is not required for the purpose of the investigation.

However, taking note of the apprehensions raised by the Special Public Prosecutor and considering the "criminal antecedents" of the petitioner Jithin alias Kannan, the Court imposed stringent conditions on him.

"There is no allegation that anyone was injured in the alleged incident. The petitioner is in custody from 22.09.2022. The statement filed by the investigating agency would reveal that the investigation has progressed considerably and even police custody of the petitioner was given from 23.09.2022 to 26.09.2022, and the petitioner was questioned," said the court.

On June 30, a "bomb" was allegedly thrown towards the gate of the of the CPI(M) office. However, it hit the pillar of the gate. The accused was arrested on September 22 in the case registered under Section 436, 427, 120 B IPC and 3 (a) and 5 (a) of the Explosive Substance Act, 1908. His application for bail was earlier dismissed by the trial court and thereby, he approached the High Court.

His counsel before the high court argued that the entire allegations and averments in the case registered against him are false. It was argued that the petitioner has been implicated in a politically motivated case, without any evidence.

Advocate V. S. Chandrasekharan, relying on the High Court decision in Manu G. Rajan and another v. State of Kerala, further contended that Section 3 of the Explosive Substance Act is not attracted as in order to attract the provision, the explosive substance allegedly used should be of a nature that would endanger the life or cause serious injury to property. Such a situation is not present in this case, it was argued.

The Counsel also submitted that the investigation had progressed considerably, and further detention of the petitioner is not required for the purpose of the investigation.

Senior Public Prosecutor Advocate Nima Jacob submitted before the Court that in the detailed investigation conducted, including verification of electronic evidence like CCTV footage, the role of the petitioner was clearly revealed.

The court was told that the the explosive material used to make the bomb is a banned chemical, potassium chlorate.

Therefore, the SPP strongly opposed the grant of bail, contending that the criminal act was an outcome of a criminal conspiracy by the petitioner and other accused. The two other accused are absconding and the third accused is presently abroad, the court was told.

The petitioner is involved in other criminal cases registered at various police stations in Thiruvanthapuram District, the SPP said.

"The petitioner is the prime accused in the case, and if he is released on bail there is every chance for him to indulge in similar offences and to threaten and influence the witnesses," Jacob submitted.

Granting bail to the accused, the court imposed following conditions on him:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime Branch Cr.117/CB/TVM/R/2022 (Crime No. 721 of 2022 of Cantonment Police Station, Thiruvananthapuram District), on every Saturday at 11.00 a.m. till filing of the charge sheet;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime Branch Cr.117/CB/TVM/R/2022 (Crime No.721 of 2022 of Cantonment Police Station, Thiruvananthapuram District);

(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) The petitioner shall not leave the jurisdictional limits of Thiruvananthapuram District except with the prior permission of the jurisdictional court.

(vi) The petitioner shall not involve in any other crime while on bail.

The Court further clarified that if any of the aforesaid conditions are violated, the investigating officer may approach the jurisdictional court for the cancellation of bail. 

Case Title: Jithin @ Kannan v. State of Kerala & Anr. 

Citation: 2022 LiveLaw(Ker) 533

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