HC stays proceedings on BJP Kerala chief's discharge in poll bribery case

The Kerala High Court on Wednesday stayed further proceedings in connection with the discharge of BJP state president K Surendran and five others by a sessions court from the Manjeshwaram election bribery case.

Justice K Babu admitted the criminal revenue petition moved against the sessions court's October 5 order by the state government.

"Admit. Further proceedings stayed. Post on November 8," the High Court said.

On October 5, Surendran and the others were discharged by Kasaragod Sessions Judge Sanu S Panicker.

The sessions judge, allowing the discharge plea of the accused, had said that the first accused -- Surendran -- was discharged of the offences under various provisions of the IPC and the Scheduled Caste and Scheduled Tribe (prevention of atrocities) Act 1989.

 

"Since the first accused is discharged of the alleged offences, I do not find any grounds to proceed against the other accused also. Hence, they are also discharged of all the alleged offences," the sessions court had said.

While the BJP state chief had said that truth prevailed and that the case was fabricated to ruin his political prospects, the opposition Congress had claimed that Surendran's discharge proves the CPI(M)-BJP mutual arrangement not to harm each other.

Surendran was accused of intimidating his rival candidate to withdraw from the contest for the Manjeshwaram constituency in the 2021 Assembly polls.

He was charged under provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, which are non-bailable, and under sections 171 (B) and (E) (Bribery) of the Indian Penal Code.

The case was registered as per the directions of a Magistrate Court which considered a petition filed by V V Ramesan, the CPI(M) candidate, who fought the election against Surendran in Manjeswaram.

The case was later handed over to the Crime Branch.

BSP candidate Sundara had alleged that he was initially threatened and later given Rs 2.5 lakh as a bribe by the BJP to withdraw from the contest.

Sundara had claimed that Sunil Naik, a Yuva Morcha leader and a close aide of Surendran, had handed over the money and a smartphone to him. The BJP had denied the allegations.

Sundara, a Yakshagana artiste, had contested the election in 2016. He had filed his nomination once again in 2021, but had withdrawn.

Surendran, however, lost the election from Manjeswaram in the polls. IUML's A K M Ashraf won the seat with 65,758 votes, while Surendran managed to bag 65,013 votes. CPI(M)'s Ramesan got 40,639 votes.