Last week, the Sessions Judge, Alappuzha had allowed the bail pleas of the accused, who were booked by the Alappuzha South Police for the offences under Sections 294(b), 324 and 308 r/w S.34 of Indian Penal Code.

The prosecution allegation was that on December 15, 2023 at about 4:08 p.m., the defacto complainant and other members of the Youth Congress and KSU approached the KSRTC bus carrying the then Chief Minister and his Cabinet members and shouted slogans to demonstrate their protest. Though the police had restrained the protesters and enabled the smooth movement of the ministers, the accused persons got out from their escort vehicle with lathis and assaulted the protesters. It is alleged that the accused assaulted the protesters even though the police had the situation under control and caused injuries to them with the knowledge that such injuries could lead to their deaths.

According to the State's plea, though the initial investigation ended in a refer report stating 'mistake of fact', the Judicial First Class Magistrate Court, Alappuzha had ordered further investigation in November 2024 after noticing serious deficiencies. Subsequently, a SIT was constituted in May 2026 and it collected materials, including footages of the incident, which revealed prima facie commission of the offence under Section 308 IPC.

The Sessions Judge had granted bail to the accused after noting that a Special Investigation Team has been constituted by the present government to conduct a fresh investigation and that the chances of asserting influence are less since the accused were police constables, not higher officials. The judge had further observed that custody of the accused was not necessary for recovery of weapons since they had used lathis, which were already surrendered.

The State now challenges that the bail order contending that there was factually incorrect observation with respect to the weapons used being surrendered:

“The above observation touching the recovery/seizure of material object used for the commission of offence is totally unnecessary, unwarranted anduncalled for in a proceedings of bail. No weapon used in the occurrence has ever been surrendered before the Investigating Officer. No seizure, recovery or production of any such weapon is reflected in the case diary, seizure mahazars, property lists or any other investigation records maintained in the case…There is absolutely no material on record which could justify or support the observation of the Sessions Court that the wooden lathis allegedly used in the occurrence had already been surrendered by the accused.”

According to the State, the SIT investigation revealed that the vehicle carrying the ministers had passed through without any obstruction but even then, the accused persons alighted and proceeded against the victims. Moreover, it was found by the SIT that the weapons used by the accused were not part of the authorized equipment ordinarily issued to escort personnel.

It is stated that this raised questions regarding role of each accused, existence of common intention, possible violation of security protocols, etc. Additionally, effective custodial interrogation is needed for fair investigation, particularly since recovery of material objects, and confrontation of accused with evidence are required, it is stated.

Raising these grounds and others, the State has sought for setting aside the order granting pre-arrest bail to the five accused.

Case No: CrlMC No. 4985/ 2026

Case Title: State of Kerala v. Shaiju V.K. and Ors.