Kerala High Court Grants Bail To Three Maoists Booked In 2016 Malappuram Arms Case, Cites Prolonged Incarceration

The Kerala High Court on Tuesday (April 21) granted bail to three Maoists, who are accused in the 2016 Malappuram Arms case relating to a large-scale arms training inside the reserve forest in Nilambur (Malappuram) by the members of proscribed terrorist organization CPI(Maoist).The Vacation Bench of Justice Gopinath P. and Justice P.M. Manoj granted them bail after noting that three other co-accused in the case, who were charged with the very same offences, were earlier granted bail by the High Court.It allowed the appeal preferred by the three accused challenging an order passed by the Special Court for NIA cases, Ernakulam that denied them bail.The prosecution allegation is that the accused entered into a conspiracy inside the deep reserve forest of Malappuram several times in 2016 for conducting and participating in physical and arms training in order to commit terrorist acts and to wage war against the government of India, collected arms and men and abetted waging war. It is further alleged that the accused trespassed into the reserve forest and conducting arms training using prohibited weapons so as to strengthen their organization with intention to commit terrorist acts for furthering the activities of CPI(Maoist) and wage war against the government of India.The accused are charged of the offences under Sections 120B, 121, 121A, 122 of the Indian Penal Code, Sections 18, 18A, 20, 38, and 39 of the Unlawful Activities (Prevention) Act, 1967, Section 27(1)(e)(iv) of the Kerala Forest Act and Section 7 r/w 27(2) of the Arms Act.The counsel for the appellants pointed out that the High Court had granted bail to three other accused earlier. The DSGI had opposed the grant of bail and submitted that trial is expected to be completed by the month of June. Presently, the trial in the case is ongoing and 94 out of 287 witnesses have been examined.The Court was of the opinion that these accused can also be granted bail on the same conditions as imposed against the accused already granted bail. It remarked:“we are of the opinion that the appellants can be granted bail, taking into consideration the fact that they have been in custody as undertrial prisoners for a considerably long period. This Court has already granted bail to accused nos.1, 4 and 5… we are convinced that sufficient conditions have been imposed to ensure that the accused, who have been granted bail, are available to face trial. The appellants can also be released subject to the same conditions.”The first appellant Rajan Chittilappally @ Rajan C.G. @ Rafi, who is arrayed as the 3rd accused, had been in custody from December 18, 2020 whereas the two others had been in custody since October and November 2021.Just a few days back, the Special Court had ordered a probe into the alleged ill-treatment of Rajan Chittilappally, who is lodged in a High Security prison in Thrissur, after he lodged multiple complaints alleging mistreatment during custody.Thus, the Court allowed the appeal and directed that the accused can be released on bail on conditions.Case No: Crl.A. No. 2328 of 2025Case Title: Rajan C.G. @ Rajan Chittitappally @ Rafi and Ors. v. Union of IndiaCitation: 2025 LiveLaw (Ker) 215Counsel for the appellants: Shaiq Rasal M., Abdul Khader Kunju S.Counsel for the respondent: O.M. Shalina – Deputy Solicitor General of India, Alka Warriar – Central Government CounselClick to Read/Download JudgmentClick to Read/Download Judgments granting bail to other accused

Kerala High Court Grants Bail To Three Maoists Booked In 2016 Malappuram Arms Case, Cites Prolonged Incarceration

K. Salma Jennath

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