The Kerala High Court on Monday posted to August 9 the hearing on a bail petition filed by Communist Party of India (Marxist) Kannur district secretary P. Jayarajan, an accused in the case relating to the murder of Indian Union Muslim League activist Abdul Shukkoor.
Justice S.S. Satheesachandran adjourned the hearing to enable Director General of Prosecution T. Asaf Ali to get instructions from the government.
In his petition, Mr. Jayarajan said he had been falsely implicated in the case at the behest of Muslim League leaders with the connivance of Chief Minister Oommen Chandy and Home Minister Thiruvanchoor Radhakrishnan. He was taken into custody when he appeared before the special investigation team for questioning on August 1. He had been questioned for hours before his arrest. The arrest had been made violating the established principles of law and the guidelines issued by the Supreme Court on arrests.
He said the prosecution had no case that he had a role in the murder. He had been charged with the offence under Section 118 (concealing design to commit offence punishable with death or imprisonment for life). The allegations against him were false. They were levelled against him to mislead the Muslim people and dent the support base of the CPI (M) among the Muslim community and weaken his parry. The case had been fabricated. It was not based on any legal evidence. When he was remanded, the prosecution took objection to his plea for bail on grounds that the investigation was not complete. The petitioner said that now the investigation was over and more accused were arrested. The prosecution had no case that he had facilitated the commission of offence. Therefore, Section 118 would not be attracted.
Besides, the physical condition of the petitioner was very weak. He was a cardiac patient and had undergone three angioplasties and could not stretch his hands following an attack on him sometime back. He was unable to wear clothes without the help of another person. He suffered from hearing problems as well.
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