Kerala High Court bail cancellation in Palakkad mob lynching case cites SC ST Act hearing lapse

The Kerala High Court cancelled bail granted to eight men accused in the Palakkad killing of a Jharkhand native, finding the lower court acted mechanically. Justice A Badharudeen said the Special Judge failed to issue notice and hear the victim’s brother, a mandatory safeguard under the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 2018.

The Kerala High Court on Thursday set aside bail granted to eight men accused in the killing of a Jharkhand native in Palakkad. The court said the lower court granted bail in a careless and routine way. Justice A Badharudeen also flagged missing safeguards under the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 2018.

The case relates to the death of Ram Narayan Bhagel, 40, in Palakkad district. Prosecution records said Ram Narayan Bhagel was beaten on December 17 last year. The assault followed an accusation of theft, as per the court record. The High Court also noted the prosecution claim that the probe was still at an early stage.

Kerala High Court bail cancellation order in Palakkad case

Justice A Badharudeen said the special judge gave bail without hearing the victim’s brother. The judge said this hearing was required under the SC/ST law. "..it is shocking to note that the Special Judge, when dealing with a serious case of murder of a member of Scheduled Caste community by mob lynching, inattentively and thoughtlessly granted bail even without issuing notice to ensure mandatory hearing of the dependent of the victim in this case. This is a very serious lapse on the part of the Special Judge and the same should not have happened and the Special Judge shall be more vigilant hereinafter when dealing with cases of this nature, the High Court said.\"

The High Court said the prosecution material showed a possible hate element behind the attack. It said there was, at first view, a clear case of mob lynching. The order added that the act was mainly linked to discrimination. The stated ground was the victim’s place of birth, Jharkhand, the court said.

Kerala High Court bail cancellation under SC/ST POA Act, 2018

The court said bail could harm the ongoing investigation at this stage. It found fault with the view that police interrogation was not needed. The order said Bharatiya Nagarik Suraksha Sanhita, 2023 allows police custody in the first 60 days. \"Thus, the Special Judge jumped into conclusion in a very mechanical manner, ignoring the statutory provisions.., the High Court said.\"

The High Court accepted the prosecution request to cancel the bail, even while noting its severity. \"The upshot of the above discussion is that the bail cancellation plea raised by the prosecution is sustainable on the facts of this case, even though the same is a harsh order. In such a view of the matter, this appeal is allowed, and the common order impugned is set aside. Accordingly, the bail granted to respondents 1 to 8 as per the common order impugned and the bail bonds executed by them stand cancelled, it said.\"

Kerala High Court bail cancellation directions for eight accused

The court ordered the eight accused to surrender within three days from Thursday. It said the jurisdictional court must place them in judicial custody as per law. \"... the jurisdictional court shall ensure their detention in judicial custody in accordance with law, without fail, it added.\" It also said police may arrest them if surrender does not happen.

The order kept the door open for a fresh bail request after surrender. It said the eight men could apply again once detained. The special judge must then follow the SC/ST POA Act, 2018 process. The judge must also give notice and a hearing chance to the victim’s dependent before deciding.

With inputs from PTI