Kannur (Kerala), Mar 12 (PTI) A court here on Thursday granted bail to five KSU activists arrested in a murder attempt case following a protest against Kerala Health Minister Veena George, observing that there was no evidence to show that the accused had used any weapon as alleged.
Thalassery Sessions Court Judge K T Nisar Ahammed granted bail to Athul M C, Akshay V V, Bithul Balan, Ahmed Yasin and Mubas C H, who were arrested on charges including attempt to murder the minister during a protest over alleged medical negligence incidents at Kannur railway station on February 25.
The court, in its order, referred to the first information statement of the complainant, a police officer, which alleged that the KSU activists raised provocative slogans, brandished black flags and assaulted the minister on the neck with an unknown weapon.
The complainant also alleged that he was assaulted when he intervened.
However, the court noted that, according to the prosecution, the accused were taken into custody at the scene of the occurrence.
“But admittedly, they were not in possession of any weapon. They were having only a piece of black cloth which they brandished towards the minister in protest. The investigation officer had taken the petitioners into police custody for two days, but so far they could not recover any weapon,” the court observed.
The court also pointed out that the main allegation in the case was that the Health minister had suffered a neck injury.
“But going through the entire case diary, one can see that so far the investigation officer has not recorded the statement of the minister. Moreover, one could not see the wound certificate of the Health minister,” the court said.
It further observed that statements of other police officers who were on security duty for the minister indicated that no weapon had been used.
Referring to the statements of police personnel named Prakash, Anuroop and Akhil, the court said that going through the entire case diary, it could not find any evidence to show that the petitioners had used any weapon as alleged.
The court also noted that although the prosecution claimed that three of the accused had criminal antecedents, bail could not be denied on that ground alone.
The accused were ordered to be released on bail on executing a bond of Rs 50,000 with two solvent sureties, one of whom should be a close relative.
The court directed the accused to appear before the investigating officer every Monday between 9 am and 10 am for three months or until the final report is filed.
The petitioners were also directed not to influence witnesses, tamper with evidence, or engage in any criminal activity.
Following the arrest of the KSU activists, Congress leaders had alleged that a false attempt to murder case was registered, as the protesters had not even reached close to the minister. PTI TBA TBA SA
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