Kerala High Court  Photo | TP Sooraj
Kerala

Bail for eight accused in mob-lynching case cancelled; Kerala HC slams special judge

The order stated that the prosecution records prima facie show that the incident was a clear case of mob-lynching, allegedly driven by discrimination.

Express News Service

KOCHI: The Kerala High Court has cancelled the bail granted by the Special Court in Palakkad to eight accused in the Walayar mob-lynching case. In this case, a 40-year-old construction worker, Ram Narayan Baghel from Jharkhand, was beaten to death by a mob on December 17, 2025.

The court directed the accused to surrender before the court within three days. It observed that, prima facie, the prosecution records indicate that this is a clear case of mob lynching.

The High Court also criticised the Special Judge, noting that while dealing with a serious case involving the murder of a member of a Scheduled Caste community through mob lynching, the judge had inattentively and thoughtlessly granted bail without issuing notice to ensure a mandatory hearing of the victim’s dependents.

The court termed this a very serious lapse on the part of the Special Judge and stated that such an error should not have occurred. It further said that the judge must be more vigilant in handling cases of this nature.

Justice A Badharudeen issued the order while cancelling the bail granted to Anu, Anandan, Rajesh, Shaji, Jagadheeshkumar, Prasad, Murali, and Vipin.

According to the prosecution, granting regular bail to the accused at an extremely premature stage of the investigation has adversely affected both the progress and the outcome of the investigation.

The order stated that the prosecution records prima facie show that the incident was a clear case of mob-lynching, allegedly driven by discrimination based on the victim’s place of birth, as he was a native of Jharkhand who had come in search of employment.

On examining the records, the court noted that the investigation is still at a preliminary stage and needs to progress further. In such circumstances, the premature grant of bail could negatively impact the investigation, particularly since accused numbers 1 to 5 and 9 are reportedly habitual offenders.

The court also held that the Special Court’s order, passed without hearing the dependent of the deceased, is liable to be set aside. As per Section 15A(3) of the SC/ST (Prevention of Atrocities) Act, 2018, the victim or their dependent has the right to receive notice of any court proceedings involving offences under the Act. The High Court observed that the Special Judge failed to provide an opportunity for the victim’s dependent to be heard and did not give valid reasons for not applying the statutory provisions. It concluded that the judge had reached the decision in a mechanical manner, ignoring the mandate of the law.

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