Nava Kerala Sadas Assault: Kerala Court Grants Pre-Arrest Bail To 5 Members Of Ex-CM's Security Team

A Kerala court on Tuesday (June 9) granted anticipatory bail to five members of the Security Team of former Chief Minister Pinarayi Vijayan in the crime registered during the violence committed during the Nava Kerala Sadas programme in 2023.

Smt. Honey M. Varghese, Sessions Judge, Alappuzha 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.

The accused contended that there was no sufficient materials to establish that they exceeded their duties. The de facto complainant had filed a complaint against the refer report submitted by the police, they pointed out. Moreover, a Special Investigation Team was constituted by the newly elected government to file Final Report within a month and to file reports to the DGP.

The de facto complainants opposed the plea and pointed out that the petitioners were influential, which is the reason the police submitted refer report stating 'mistake of fact'. Though objection was raised by the complainants and the Magistrate had ordered further investigation, this was not done in the case, they stated.

"The petitioners are admittedly police personnel. Similarly, the fact that they were engaged in their duty as police personnel on the date of occurrence is also remains undisputed...the protest was organized against the programme arranged by the earlier Government. There is change in Government at present and accordingly SIT was constituted. If this be the situation, I hold that the alleged support of the power centre and the influence on the side of accused persons based on that support will not be available now. Moreover, the injured persons are not ordinary laymen. One among them is the Member of Legislative Assembly and the other is the State level office bearer of an organization. If this be the situation, the chances to influence the injured as well as the witnesses are less. Similarly, in the report filed by the Investigating Officer, it is reported that the investigation has to be conducted regarding the falsification of records at the instance of high level police officials. The petitioners herein are police constables. So, it is difficult to believe that they influence the high level police officials," the court observed.

The court also noted that the weapon allegedly used are lathis and the same were already surrendered by the petitioners. Thus, it remarked that custody of petitioners for effecting recovery of weapons is not warranted.

Moreover, since the statement of injured persons, police officials who discharge duty at the scene of occurrence and person that captured visuals are recorded and FSL reports and other expert reports have been obtained, the court felt that the petitioners could be granted bail on conditions.

Thus, it allowed the pleas.

Case Nos: B.A.No.651/2026 & B.A.No.665/2026

Case Titles: Shaiju V. K. and Ors. v. State of Kerala and Ors. and connected case

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