HC dismisses bail plea of Jayarajan, T V Rajesh

The orders in this regard were issued by Justice S S Sateeshchandran on the petitions by Jayarajan and Rajesh.

Dismissing the applications, the court held there was widespread violence during the CPI(M) called hartal on August 2 protesting against Jayarajan's arrest.

The prosecution's contention was that the murder of IUML activist Abdul Shukkoor was executed in 'Taliban style' and that large scale-violence took place in Kannur following Jayarajan's arrest, causing loss to the public exchequer.

Jayarajan's counsel M K Damodaran argued that the case and remand report did not disclose any offence against him. The only charge was he overheard conversation made by some other accused and did not try to prevent commission of offence.

"If this is accepted, any person can be arrested for any offence. That is the situation prevailing in Kerala. Even a witness of conspiracy can be punished under sect 118 of IPC."

Jayarajan and Rajesh had been charged under sect 118 of IPC (concealing design to commit offence punishable with death or imprisonment for life) in connection with the murder of Shukkoor at Keezhara in February this year.

Jayarajan, the CPI(M) Kannur district secretary, was arrested on August 1.

Abdul Shukkoor was murdered allegedly by CPI-M activists at Keezhara near Kannavam in the district in February.

Police had claimed that some prominent CPI(M) leaders in the district were aware of the circumstances of the murder and had sought to harbour the culprits.

They said Jayarajan was arrested after questioning of party functionaries, including Rajesh. The CPI(M) leader had, however, dubbed the charge as "fabricated and politically motivated".