Kerala High Court Grants Anticipatory Bail to Five Congress Workers in Councillor Abduction Case

The Kerala High Court has granted anticipatory bail to five Congress workers implicated in the assault and alleged outrage of the modesty of a Left Democratic Front (LDF) councillor outside the Koothattukulam municipality office. This incident occurred concurrently with the reported abduction of another woman councillor from the same location on January 18.

Justice P V Kunhikrishnan issued the ruling on January 29, emphasizing the deterioration of democratic processes into street conflicts, disruptions, and vandalism. He remarked that electoral defeats should be dictated by ballots, not through violence or vandalism, invoking Abraham Lincoln’s definition of democracy as “the government of the people, by the people, for the people.”

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The court criticized both political factions, the LDF and the United Democratic Front (UDF), for taking the law into their own hands rather than adhering to democratic principles. It noted that the assaulted councillor, Kala Raju, had shifted her political allegiance, which contradicted the moral principles of democracy and could have provoked the attacks.

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Justice Kunhikrishnan further highlighted that while elected representatives might change political affiliations, they must resign and seek a fresh mandate from the electorate, reflecting the moral aspect of democracy.

In terms of legal proceedings, the court ordered the accused to appear before the Investigating Officer within two weeks for interrogation. It stipulated that should an arrest be proposed post-interrogation, the accused would be granted bail upon executing a bond of Rs 50,000 each, with two solvent sureties for the same amount.

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Additionally, the accused are required to cooperate fully with the investigation, refrain from influencing or intimidating any witnesses, and are prohibited from leaving the country without court permission.

This court decision came after two FIRs were lodged—the first by Raju’s family against approximately 50 CPI(M) members for the alleged assault and abduction of Raju, and the second against the five Congress workers by the LDF for rioting and assaulting CPI(M) members outside the municipality office.

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