THE Supreme Court on Wednesday refused to entertain petitions filed by the NIA against the bail granted to 17 Popular Front of India members in the 2022 murder case of RSS leader Srinivasan in Kerala’s Palakkad district. A bench comprising Justices Abhay S Oka and N Kotiswar Singh noted that the Kerala High Court order granting bail to the accused is one-year-old and the HC has the power to cancel bail if the conditions are violated. “Our attention is invited to observation made in the last part of the impugned order by which high court has reserved liberty to the petitioners to apply to special court for cancellation of bail.

 

“Therefore, the petitioners can always apply to the special court for cancellation of bail on the grounds which are set out in the affidavits filed in these petitions. In fact the special court will be the more appropriate court,” the bench said. The top court said the agency can satisfy the special court about the breach of terms and conditions of grant of bail by producing materials against the accused. “Therefore, at this stage we decline to entertain the special leave petitions with liberty to the petitioners to move the special court/high court for cancellation of bail.

 

Needless to say that if the prayer made by petitioner does not succeed before the special court/high court remedies of the petitioners remain open. “We make it clear that as and when application is made for cancellation of bail the special court or high court should not be influenced by the fact that this court has declined to entertain the present special leave petitions,” the bench said. During the hearing, Additional Solicitor General Raja Thakare, appearing for the NIA, sought cancellation of the bail and submitted that the accused have violated the bail conditions and have contacted the witnesses.