Kerala RSS worker's murder case: SC dismisses CBI's plea for bail cancellation
Mar 05, 2022
New Delhi [India], March 5 : The Supreme Court has dismissed an appeal filed by the CBI against bail granted to CPI(M) members accused in a case relating to the murder of Rashtriya Swayamsevak Sangh (RSS) member Elanthottathil Manoj in Kannur district, Kerala, in September 2014.
A bench of Justices Sanjay Kishan Kaul and MM Sundresh declined the plea of CBI and noted that the order granting bail was passed on February 23, 2021, and the investigating agency has not brought up the matter before the top court for more than a year.
CBI had challenged in the top court the February 23 order of the Kerala High Court granting bail to CPI(M) members accused of "brutally killing" Manoj.
"The order granting bail was passed on February 23, 2021. 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. The special leave petition stands dismissed accordingly," the apex court bench stated in its order.
Total 15 accused in the case were granted bail by the High Court last year.
The High Court while allowing the bail pleas had observed that having considered the entire facts and circumstances in the case, the accused were prima facie, guilty of committing the offences alleged against them. But they have been in custody for more than six years and therefore, their further incarceration without trial might not be justified, it had added.
CBI had submitted that the accused were involved in a very ghastly crime committed in broad daylight openly defying law and order. It had said that the accused had repeatedly exploded country-made bombs to strike terror among the public and thereafter, killed Manoj in a gruesome manner.
The 42-year-old Manoj, a district functionary of RSS, was hacked to death in Kathiroor in Kannur district on September 1, 2014, allegedly by a group of CPI(M) workers.
