Kerala HC stays sessions court order cancelling bail of 17 accused in Shuhaib murder case

Kochi: High court on Tuesday stayed Thalassery additional sessions court’s order cancelling the bail of 17 accused in the Mattannur Shuhaib murder case and remanding them to judicial custody. It further directed the court to issue orders forthwith for their release from judicial custody.

The bench of Justice Kauser Edappagath issued the interim order on petitions filed by Akash V, alias Akash Thillankeri, and 16 other accused challenging the sessions court order cancelling their bail. The additional sessions court had on Monday cancelled the bail granted to all 17 accused and remanded them to judicial custody, observing that the accused and their counsels were attempting to obstruct and delay the trial proceedings. The petitioners challenged the impugned order, contending that the sessions court had cancelled their bail without any valid legal reason and remanded them to the Thalassery Special Sub Jail.

During hearing on Tuesday, HC observed that the sessions court order appeared to be ex facie illegal and accordingly stayed its operation. HC also directed its registry to obtain remarks from the additional sessions judge and place the same before court in a sealed cover. It also ordered that its direction be communicated through e-mail to the additional sessions judge as well as the concerned jail authorities and adjourned the case to June 5.

SP Shuhaib, a Youth Congress worker, was hacked to death on Feb 12, 2018, by a group of CPM workers while having tea with his friends at a shop in Therur near Edayannur. During trial, the accused contended that the chief examination of witnesses had not been conducted in accordance with Section 280 of the CrPC, which requires the magistrate to record material remarks regarding the demeanour of witnesses while testifying. The counsels for the accused also sought additional time for the continuation of the trial proceedings, citing the pendency of an application seeking transfer of the case to another court and a related petition before the HC. According to the petitioners, the sessions judge nevertheless proceeded with the trial and cancelled their bail.

Meanwhile, the additional sessions court, in its order on May 25, observed that the conduct of the accused and their counsels was deliberate, obstructive, and intended to protract and derail the trial, particularly in a case pending since 2018. Accordingly, it cancelled their bail, remanded them to judicial custody, and ordered that the trial proceed on a day-to-day basis, prompting the accused to approach HC.