The Kerala High Court has granted bail to Shihab P, an accused in the murder of RSS leader Sreenivasan and alleged member of the Popular Front of India (PFI). In contrast, bail was denied to two co-accused, Kaja Hussain and Jaleel P, who are also alleged PFI members involved in the same case.

The verdict was delivered by a Division Bench consisting of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M.

The Court found that there was insufficient prima facie evidence against Shihab and determined that he qualified for bail under Section 43(D) of the Unlawful Activities (Prevention) Act, 1967 (UAPA).

The court noted : “The materials do not reveal to us that there exists reasonable ground to believe that the accusations against Shihab P.@ Babu are prima facie true. The material relied upon by the prosecution, taken as a whole, does not cross the threshold of general allegations coupled with overt acts that would clearly suggest the complicity of the accused in the offence with which he is charged. There is no corroborative material, other than mere statements of witnesses, to show that there were overt acts or acts of active participation by Shihab P. @ Babu in order to deny him bail.”

The court was hearing the case related to the murder of RSS leader Sreenivasan, which resulted in the arrest of 44 individuals by the Kerala Police. Allegations surfaced that the murder was part of a broader conspiracy to incite radicalism and commit terrorist acts. Sreenivasan was attacked at his motorbike shop on April 16, 2022, and reportedly murdered in retaliation for the killing of Social Democratic Party of India (SDPI) activist Subair, who was allegedly hacked to death by RSS workers in Elappully, Palakkad. The National Investigation Agency (NIA) took over the investigation, filing an FIR against the accused under various sections of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act, 1967 (UAPA). The accused, including Shihab P, Kaja Hussain, and Jaleel P, were initially denied bail by a Special Court in Ernakulam, leading them to appeal to the High Court.

On September 28, 2022, the Government of India declared the PFI an "unlawful association" and imposed a five-year ban on the organization under the UAPA.

Regarding the other co-accused, Hussain and Jaleel, the court found sufficient prima facie evidence to support the accusations against them, thus disqualifying them from bail under the stringent provisions of the UAPA. The prosecution asserted that Kaja Hussain had received arms training from the PFI and participated in conspiracy meetings to plan the murder. The court, after reviewing the evidence, noted that Hussain played a crucial role in facilitating the crime by passing on critical information, making him ineligible for bail under Section 43D(5) of the UAPA.

The court also observed, “The nature of the information allegedly passed on by the appellant which facilitated the commission of the terror act is what matters and not the mere distance at which the person who passed on the information may stand from the actual commission of the terrorist act,” ruling that the accused was disentitled for grant of bail.

Regarding Jaleel P, the prosecution opposed his bail on the grounds that he was responsible for the physical education wing of the PFI and had assisted in harboring and medically treating co-accused Kaja Hussain.

“The appellant Jaleel P. is an active cadre of PFI and is in charge of the Physical Education (PE) wing of PFI. A voice clip of the appellant wherein he introduced himself as in charge of the PE wing of PFI was found on his mobile…Voice clips and medical prescriptions related to the treatment to Kaja Hussain have been found in the mobile of the appellant and have been seized. The same clearly implicates the appellant,” said the court.

In contrast, the court found no reasonable grounds to support the accusations against Shihab P. It noted the absence of corroborative material or evidence indicating Shihab's direct involvement or active participation in the murder plot.

Consequently, the court overturned the Special Court's orders and granted bail to Shihab by allowing his criminal appeal.