A Division Bench of the Kerala High Court on Wednesday turned down a plea by those convicted in the palm-chopping case seeking to release them on bail after suspending the execution of sentences awarded to them by the Ernakulam National Investigation Agency (NIA) special court.
The Bench comprising Justice K.T. Sankaran and Justice K.P. Jyothindranath, while dismissing the petitions, observed that if the sentence imposed was suspended at this stage and they were released on bail, it would cause breach of peace and result in communal disharmony in the locality. Besides, the release of the petitioners would affect the safety of the witnesses expected to depose before the court during the trial of the absconding accused after their arrest. It was also likely that the convicts might make them scarce and involve in criminal activities if they were released on bail at this stage.
NIA counsel had submitted that the NIA court had found that the petitioners had committed terrorist act.
Besides, the NIA filed appeals against the acquittal of some of the accused. In fact, six of the accused, including the masterminds behind the entire conspiracy, were still absconding. The government had already announced rewards for those who furnished information leading to the arrest of the absconding accused. However, they were yet to be arrested.
Those who moved the High Court were Jamal, Shobin, Shamsudhin, Shanawas, Pareeth, Younus Aliyar, K.K Ali, Shajeer, Jaffar, and Kasim. The case relates to the attack on T.J. Joseph, then a teacher with the Newman College, Thodupuzha, by a seven-member gang on July 4, 2010.
Their release on bail will cause breach of peace, affect safety of witnesses: court
