A sessions court in Kerala has granted anticipatory bail to five security officers associated with the former Chief Minister Pinarayi Vijayan’s security detail. This decision pertains to a case involving the alleged assault of Youth Congress and Kerala Students Union (KSU) activists during the Nava Kerala Sadas program in December 2023. The case, Shaiju VK & ors v Ajay Juel Kuriakose & anr and connected matters, arose from an incident at General Hospital Junction, Alappuzha, where it is alleged that the officers attacked protesters as the former CM’s convoy passed on December 15, 2023.
Presiding over the case, Alappuzha Sessions Judge Honey M Varghese determined that the prosecution failed to establish a pressing requirement for the custodial interrogation of the accused officers. The court concluded that conditions could be imposed to ensure their cooperation with the investigation, thus justifying the grant of pre-arrest bail.
“The necessity claimed by the Investigating Officer for the presence of the petitioners can be achieved through the imposition of appropriate conditions. Considering the circumstances, the petitioners are entitled to anticipatory bail, albeit with conditions,” the court stated.
The events in question unfolded during the Nava Kerala Sadas program organized by the then Left Democratic Front (LDF) government. As a specially outfitted KSRTC bus, carrying the former CM and his cabinet, traveled through the hospital junction, Youth Congress and KSU activists Ajay Juel Kuriakose and Thomas AD protested by raising slogans. Local police at the venue restrained the protesters and moved them aside, but it is alleged that members of the security team exited their vehicle and assaulted the protesters with lathis, resulting in injuries.
Following the incident, the protesters filed a private complaint with the jurisdictional magistrate. On the magistrate’s directive, the Alappuzha South Police registered a case against the security team members, initially citing bailable offenses. However, the District Crime Branch later reported that the officers acted in line with their official duties, a claim contested by the complainant, leading to a directive for further investigation.
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With a change of government, a Special Investigation Team (SIT) was formed on May 21, 2026, to pursue the investigation further. The SIT expanded the list of accused with three more officers and added Section 308 of the Indian Penal Code, 1860 (attempt to commit culpable homicide), which is non-bailable.
The accused officers requested anticipatory bail, arguing that their actions were in the line of duty to protect a ‘Z-plus’ protectee. They highlighted their cooperation with the investigation and noted that political dynamics had shifted following the change in administration.
Both the SIT and the complainants opposed the bail request, asserting that custodial interrogation was crucial to investigating potential breaches of security protocols. However, the court observed that the legal questions regarding Section 308 IPC applicability and intent behind the assault should be settled during the trial.
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Furthermore, the court acknowledged the altered political landscape, with one complainant now a Member of the Legislative Assembly and the other a state-level office-bearer, diminishing the likelihood of witness intimidation. Noting that the accused had already appeared before investigators and that key witness statements were recorded, the court granted anticipatory bail subject to conditions.
The conditions mandate that the accused must appear for interrogation when required, cooperate with the investigation, report periodically to the investigation agency, and refrain from intimidating witnesses or tampering with evidence. Advocate B Sivadas represented the accused, while advocates P Roy and T Saji represented the complainants.
