Kerala Government Appeals Against Anticipatory Bail for Police in Youth Congress Assault Case

The Kerala government on Tuesday filed an appeal in the Kerala High Court challenging the anticipatory bail granted to police personnel accused of assaulting Youth Congress and Kerala Students Union (KSU) activists during the Nava Kerala Sadas programme in December 2023.

The appeal has been filed by the Special Investigation Team (SIT) constituted to probe the incident. The case concerns an alleged attack on activists by gunmen and security officials accompanying former Chief Minister Pinarayi Vijayan in Alappuzha district.

The incident occurred on December 19, 2023, when Youth Congress-KSU workers were staging a protest near the venue of the Nava Kerala Sadas, a mass contact initiative by the then state government. According to police, the protesters attempted to block the former Chief Minister’s convoy and moved dangerously close to his vehicle, prompting the security personnel to act. The activists alleged that they were beaten with canes, leaving several of them injured.

The accused police officers later approached the Alappuzha District and Sessions Court, seeking anticipatory bail. They argued that their actions were in good faith and necessary to protect the former Chief Minister from a perceived threat. The Sessions Court accepted this contention and granted them bail, observing that being police officers, they were unlikely to flee from justice. The court also noted that the investigating officer’s report suggested that custodial interrogation was not essential at that stage, and the presence of the accused could be ensured through conditions.

However, the SIT, in its appeal, has strongly contested the Sessions Court's findings. The petition points to what it calls a "factually incorrect observation" that the canes used in the alleged assault had already been surrendered by the accused. The SIT says there is no record in the investigation files to support this claim, and therefore the bail order is based on a mistaken premise.

Additionally, the investigation agency has raised concerns about the restrictions placed on custodial interrogation. The SIT argues that the bail conditions are impeding its ability to collect crucial evidence and examine the accused effectively. It has urged the High Court to set aside the anticipatory bail and direct the accused to cooperate fully with the investigation, including by making themselves available for custodial interrogation if necessary.

The SIT has also requested the court to call for all documents related to the bail application and to quash the Sessions Court's order. The plea emphasises that without vacating the bail, the probe may be compromised.

The SIT was formed shortly after the incident in December 2023 under the then Pinarayi Vijayan government. The team consists of senior police officers and has been probing the case for over two years. The appeal against the anticipatory bail is a significant step, indicating the state's intent to pursue the case vigorously.

The Kerala High Court has in the past set aside bail orders where lower courts relied on erroneous factual premises. The SIT's counsel is expected to argue that the Sessions Court's error undermines the bail order and that the gravity of the charges warrants custodial investigation.

The alleged assault has been a politically sensitive issue, with the Congress-led opposition accusing the government of using its security apparatus to stifle democratic protests. The government had denied any wrongdoing and had constituted the SIT to ensure an impartial investigation. As of now, no chargesheet has been filed, and the investigation continues.

The High Court is expected to hear the appeal in the coming days. The accused have not formally responded to the SIT's petition. The outcome will determine the course of the investigation and whether the police officers will face custodial interrogation.

The case highlights the challenges in balancing security protocols with the right to peaceful protest, a matter that courts have routinely grappled with. Legal experts say the key question before the High Court is whether the Sessions Court applied the correct principles in granting anticipatory bail given the seriousness of the allegations.