The Kerala High Court on Thursday granted bail to Rafeeq M.S., a member of the banned organisation Popular Front of India (PFI), who is accused in the 2022 murder of former RSS leader S.K. Srinivasan in Palakkad district.
A bench of Justices Raja Vijayaraghavan V and K.V. Jayakumar allowed Rafeeqโs bail plea while setting aside the special NIA courtโs orders dated March 13 and April 29, which had extended his detention and rejected his bail application.
The High Court noted that Rafeeq has already spent ten months in pre-trial detention and there was โno foreseeable possibility of the trial commencing or concluding in the near future.โ
The bench observed:
โEven if proceedings were to resume, the sheer number of witnesses and extensive volume of documentary and material evidence clearly indicate that the trial would remain pending for several years.โ
Highlighting the parity principle, the court pointed out that out of the 71 accused in the case, 50 had already been released on bail, some were absconding, and a few had not yet been arrested. Only seven, including Rafeeq, remained in custody.
Granting relief, the bench directed Rafeeq to execute a bond of โน1 lakh with two solvent sureties of the like amount to the satisfaction of the special NIA court.
He has also been restrained from leaving the revenue district of Ernakulam until the trial concludes and must inform the investigating officer of his residence. The court ordered him to appear before the investigating officer every Wednesday and Saturday morning and to use only one mobile number, which must be communicated to the officer.
The order further directed Rafeeq not to tamper with evidence or attempt to influence or intimidate witnesses.
S.K. Srinivasan, a former district leader of the Rashtriya Swayamsevak Sangh (RSS), was killed on April 16, 2022, by a six-member gang at his motorbike shop in Melamuri, Palakkad. His murder came less than 24 hours after the alleged killing of PFI leader Subair, reportedly by BJP workers, in a nearby village โ incidents that triggered widespread communal tension in the area.
Initially, 51 people were named as accused in the case, but the number later rose to 71. The chargesheets were filed in two stages, in July and December 2022. In December 2022, the Union government directed the National Investigation Agency (NIA) to take over the probe.
