“Our attention was invited to observe in the last part of the orders that the High Court retains freedom to the petitioner, to apply to the Special Court for the cancellation of bail.
“The petitioner can therefore always apply to the Special Court for the revocation of bail on the grounds set out in the affidavit filed in these petitions. In fact, the Special Court would be a more appropriate court.”
The Supreme Court said the agency could meet a special court that violates the terms and conditions of bail by producing materials against the defendant.
“So, at this stage, we refuse to freely entertain the petitioner’s special leave petition to relocate the special court/high court to cancel the bail. Needless to say, if the petitioner’s prayer will not be successful before the petitioner’s special court/high court remedies.
“We clearly show that when bail is filed, the Special Court or the High Court should not be affected by the fact that the court refuses to accept the current application for special rest,” the bench said. At the hearing, additional Deputy Attorney General Raja Thakare appeared in Niya, demanding the cancellation of the bail and filed a breach of the bail conditions and contacted the witness. The Kerala High Court released bail on 25 June 2024 on 17 alleged PFI members who were also facing trial for alleged inciting community violence in the state and other parts of the country.
The High Court granted bail to 17 of the 26 defendants, imposing strict conditions, including sharing mobile phone numbers and real-time GPS locations with investigators.
Apart from that, the defendant was ordered not to leave Kerala, to waive passport and to keep his cell phone charged and active all-weather.
It directed 17 “special courts that amplify it under conditions that the special court may consider necessary to amplify it.”
Initially, 51 people were charged with the April 16, 2022 murder of Srinivasan. One of the people believed to be retained died while seven others absconded.
The allegations against the rest of the personnel are divided into two phases in July and December 2022.
While investigating the murder, the centre received information that the office campaigners and cadres of India’s popular front and their branches in Kerala have conspired to incite public violence and radicalize its cadres who have committed terrorist acts in Kerala and elsewhere, noted by its order.
Therefore, in September 2022, the Center directed the National Bureau of Investigation (NIA) to file and investigate the case against the defendant.
On December 19, 2022, the Centre refers to the death of Srinivasan, who believes that the PFI leader has “serious national and international consequences” has incubated a larger conspiracy that requires a thorough investigation to uncover the broader conspiracy and identify other alleged conspiracies”.
The Center directed the NIA to investigate the murders as well, and the agency submitted a consolidated fee schedule in 2023, and later two additional fees.
The defendant immediately moved out of bail after the respective NIA charging forms were submitted to the special court.
