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The Supreme Court on Friday dismissed a Special Leave Petition (SLP) filed by the Central Bureau of Investigation (CBI) challenging an order passed by the Kerala High Court grating bail to CPI(M) members accused of "brutally killing" an RSS member.

A bench of Justices SK Kaul and MM Sundresh noted that the order granting bail was passed on February 23, 2021.

This prompted the Court to remark thus,

"We have some grave reservations on the factual findings given the legal position in respect of granting bail but considering that the CBI itself has not brought up the matter before the Court for more than a year and no aggravating circumstances have been shown after the respondents were released in pursuance to the impugned order, we are not inclined to interfere in the matter while leaving the question of law open."

Accordingly, the bench went on to dismiss the special leave petition.

CBI in its plea submitted that the High Court released the accused on bail despite recording a view that it was "prima facie convinced that the accused are guilty of committing the offences alleged against them".

The accused were charged with brutal broad daylight killing of a person named ‘Shri Janithottathi Manoj’ who was a member of Rashtriya Swayam Sevak Sangh (RSS), and attempt to murder of one Mr. Pramod. 

As per the charge-sheet, on September 1, 2014, the said accused members of CPI(M) attacked the deceased and Pramod using bombs, swords, choppers, etc., leading to the death of Manoj, which was alleged to be a well conspired, planned political murder.

A total of 19 accused were first charge-sheeted and later a supplementary charge-sheet was submitted wherein 6 more persons were named as accused.

Cognizance of the aforesaid offence was taken in March 2015 and a trial has been pending before the Special Judge (CBI) since then.

The CBI further pointed out that during 2015-18, the accused-respondents had preferred several bail applications which were all rejected on merits while observing that prima facie accusations against them were true.

It was further submitted that the High Court granted bail via the impugned order in 2021 noting that the accused had been in custody for more than six years without a trial, which the CBI argued was not due to any delay on part of the prosecution.

Cause Title: Central Bureau of Investigation vs Vikaraman & Ors