High Court intervenes in Shuhaib murder case, stays cancellation of accused's bail

KOCHI: In a significant development, the Kerala High Court has stayed a lower court's order that cancelled the bail of 17 CPI(M) workers accused in the 2018 murder of Youth Congress leader Shuhaib.
Terming the trial court's decision "prima facie illegal," Justice Kauser Edappagath issued an interim order directing the Thalassery Additional District Sessions Court to immediately release the accused, including key defendant Akash Thillankeri, from judicial custody.
Furthermore, the High Court has ordered the Sessions Judge to submit a detailed explanation regarding the circumstances that prompted the abrupt cancellation of bail. The explanation is to be presented in a sealed cover. The matter has been scheduled for a detailed hearing on June 5.

The controversy erupted on Monday when the Thalassery Sessions Court revoked the bail of the accused and remanded them to the Thalassery Special Sub-Jail. The trial court judge took the stringent measure after defence lawyers abstained from cross-examining a prosecution witness—a move the court interpreted as a deliberate tactic to delay proceedings and force a transfer of the case to another court.

Challenging the remand, the petitioners argued before the High Court that the lower court's action was unlawful and reactionary. According to the defence, tensions flared during the examination of the prosecution’s second witness, when defence counsel remarked that the witness appeared "tutored" and advised the court to closely observe their demeanour. The petitioners alleged that the trial court judge cancelled the bail out of sheer provocation following this courtroom exchange.
The defence maintained that they had merely requested a deferral of the cross-examination since related petitions were still pending clearance before both the Sessions and High Courts. According to court records, once the accused confirmed they supported their counsel's decision to defer, the Sessions Court noted that "no cross-examination" would take place and abruptly ordered the trial to proceed alongside the remand.
With the High Court's latest intervention, the accused will be released pending the upcoming June 5 hearing.