In a key development in the 2022 Palakkad murder case of Rashtriya Swayamsevak Sangh (RSS) member Sreenivasan, the Supreme Court on Wednesday declined to entertain the plea by the National Investigation Agency (NIA) seeking cancellation of bail granted to 18 members of the Popular Front of India (PFI) by the Kerala High Court.
The NIA had approached the Supreme Court claiming that the accused had violated bail conditions. However, a bench comprising Justice Abhay S Oka and Justice NK Singh noted that the appropriate legal forum to address such allegations would be the Special Court or the Kerala High Court.
"Therefore, at this stage we decline to entertain these SLPs with liberty to the petitioners to move the Special Court/High Court for cancellation of bail," the bench observed.
The Court emphasized that the High Court had already reserved NIA’s right to apply for cancellation of bail in case of any violations. The Supreme Court further clarified:
"Needless to say that if the prayer made by the petitioner does not succeed before the Special Court or High Court, remedies of the petitioners remain open."
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The court also added that:
"As and when application is made for cancellation of bail, the Special Court or High Court should not be influenced by the fact that this Court has declined to entertain the present special leave petitions."
The NIA alleged several breaches of bail conditions, including:
- One accused contacting a witness over the phone.
- Another contacting a co-accused.
- Use of multiple mobile numbers by some of the accused, contrary to the bail condition permitting only one.
- Some accused allegedly switched off their mobile phones.
The Supreme Court held that such matters can be raised before the Special Court or the High Court, which are empowered to assess whether bail conditions were indeed breached.
The Court also noted that the bail applications of other accused persons currently in custody would be heard in May.
The 18 individuals whose bail was challenged by the NIA are:
- Sulaiman CT
- Nejimudheen @ Nejimon
- Shihas M.H.
- Sadik
- Abdul Kabeer
- Akbar Ali
- Rasheed K.T. @ Kunjutty
- Muhammed Rizwan
- Ali K @ Ragam Ali
- Fayas
- Ashfak @ Unni
- Saidali @ Muthu
- Mujeeb MM
- T.S. Sainudeen
- P.K. Usman
- Nishad
- Mohammed Mubarak A. I.
- Shihab P
Background of the Case
The Special Leave Petitions (SLPs) were filed challenging the Kerala High Court's June 2024 judgment, which had granted bail to 17 out of 26 accused PFI members involved in the murder of RSS worker Sreenivasan. The incident occurred on April 16, 2022, at Melamuri Junction in Palakkad, Kerala.
The Kerala High Court had found that the accusations did not meet the requirement of being “prima facie true” under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA), 1967, and hence granted bail to 17 accused. An earlier order dated September 9, 2024, granting bail to another accused was also challenged by the NIA in this proceeding.
However, the High Court denied bail to nine accused, stating that the allegations against them were backed by material evidence and thus crossed beyond the threshold of “general allegations,” suggesting deeper complicity in the crime.
"Accusations supported by material evidence cross the line from general allegations to indicate potential involvement in the offense," the High Court had stated.
The case was initially probed by the local police who charged 44 people in connection with the murder. Later, the investigation was handed over to the NIA, which registered a case under:
- Sections 120B (criminal conspiracy) and 153A (promoting enmity) of the Indian Penal Code (IPC)
- Sections 13, 18, 18B, 38, and 39 of the UAPA
According to the NIA, the murder was part of a broader conspiracy aimed at radicalizing and provoking individuals for terrorist activities in Kerala.
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While granting bail to several accused, the High Court cautioned the authorities against confirmation bias based on ideological or narrative-driven assumptions.
"The judiciary has a responsibility to uphold the fundamental rights of the accused and not fall into the trap of ideological bias," the High Court observed.
- Additional Solicitor General (ASG) Raja Thakare appeared on behalf of the NIA.
- Senior Advocates R Basant, K Parameshwar, Aditya Sondhi, and others represented the accused.
Case No: SLP(Crl) No. 14675/2024
Case Title: Union of India and Anr. v. Sulaiman CT and Ors. with connected cases
