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No Bail Yet: Kerala HC Upholds Conviction in 1995 Leader's Grisly Murder
In a firm rebuff to pleas from two convicts in a decades-old political murder, the has dismissed their application for . The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian ruled on , that evidence, including compelling eyewitness accounts, justifies keeping Rafi (8th accused) and Riaz @ Johny (10th accused) behind bars pending their appeal against a 2025 conviction for murder under .
The case stems from the violent death of Sakeer, a prominent (youth wing of ) activist, highlighting the bloody undercurrents of political rivalry in Thiruvananthapuram.
Flashback to a Midnight Raid: The Night That Shook Azhoor Village
On , Sakeer celebrated his election as Chairman of the Government Law College, Thiruvananthapuram, returning home around 11 p.m. Barely an hour and a half later, at 12:45 a.m., a group of rivals from the —allegedly including the applicants—formed an armed with deadly weapons.
They trespassed into Sakeer's home, first targeting his father (PW2) with grievous injuries in an attempted murder. Breaking into Sakeer's room, accused Nos. 1-3 inflicted cut injuries. As Sakeer fled, the 8th accused (Rafi) grabbed his dhoti, but he reached PW19's compound—only to be chased and hacked to death there. The trial court convicted multiple accused under Sections 143, 147, 148, 450, 307, and 302 read with 149 , sentencing Rafi and Riaz in .
The applicants, aged 52 and 50, hail from Madanvila Desom, Azhoor Village, and appealed via CRL.A. No.1079/2025 while seeking interim relief under .
Defense Strikes at Witness Credibility, Prosecution Banks on Direct Testimony
Senior counsel
, aided by
,
, and
, argued the trial court bungled evidence appreciation. They dismissed the case as built on
"feeble evidence and insufficient circumstances,"
labeling PW2 (Sakeer's injured father) an "interested witness" whose testimony was unsafe. Eyewitness accounts were branded "wholly unreliable," urging suspension pending appeal.
Public Prosecutor countered fiercely: PW2's direct ocular evidence alone suffices for conviction. Bolstered by independent witnesses and PW19 (where the final blows landed), plus incriminating circumstances, the case was ironclad. He stressed the offence's gravity—no exceptional grounds for bail.
Why Revisit Now? Court Draws Line on Evidence Rehash
The Bench meticulously reviewed the trial judgment and records, finding no " ." Rafi's role in grabbing the fleeing victim and Riaz's possession of a lethal weapon were spotlighted, tying them to the 's under . Each member's liability extends to all acts in pursuit of that object, diminishing the need for individual overt acts.
Crucially, the court invoked
, a Supreme Court precedent cautioning appellate courts against re-analyzing evidence in suspension applications. Such scrutiny is reserved for final appeals:
"the appellate court is only to examine if there is such
in the order of conviction that renders the order of conviction
erroneous."
No such flaw existed here. PW2's testimony held firm, corroborated by others—no grounds to doubt at this interim stage.
Key Observations from the Bench
"A perusal of the impugned judgment, together with the materials on record,indicates that there is sufficient evidence to support the charges leveled against the accused. The oral testimony of PW2, the father of the deceased and also an injured in the incident, primarily formed the basis for the conviction, and at this stage, there appears to be no reason to disbelieve his evidence."
"Further, the evidence of other independent witnesses, as well as the testimony of PW19, in whose compound Sakeer was hacked to death, also contributed to the conviction in this case."
"As the offence was committed in prosecution of theof an, each member of the assembly is liable for acts done by any other member in prosecution of that."
"In considering an application for, the appellate court cannot embark upon a re-appreciation or re-analysis of the evidence."
Gavel Falls: Appeal Continues, But Freedom Waits
The application (Crl.M.A. No.1/2025) stands dismissed. With the eroded post-conviction, the convicts remain incarcerated as their main appeal pends. This ruling reinforces judicial restraint in bail matters for grave crimes like political murders, ensuring trial findings aren't lightly upended. Future appellants in similar assembly-based offences must show glaring trial errors for interim relief, potentially chilling hasty releases in high-stakes cases.
As news reports note, this closure of a 30-year chapter underscores enduring political fault lines in Kerala, where 's loss became PDP workers' alleged vendetta.
