Manjeswaram Election Bribery Case: Kerala High Court Paves Way For State To Prefer Appeal Against Discharge Of BJP's K Surendran

Justice P.V. Kunhikrishnan observed that as per the decision in Xavier Raj v. State of Kerala (2025 (4) KLT 257), revision petitions against discharge were not maintainable and the only remedy is an appeal under Section 14A the Scheduled Casts and Schedule Tribes (Prevention of Atrocities) Act, 1989.

Granting liberty to the State to file an appeal, the Court further remarked:

“Liberty is granted. If any appeal is filed, the time during which these revisions was pending before this Court (from 15.10.2024 to 26.08.2025) shall be excluded, if any question of delay arises in such proceedings.”

K. Surendran (Accused No.1) and five others were chargesheeted for the offences under section 171(E), 171(B), 342, 506(i) and 201 of IPC and those under section 3(1)(i)(B) and section 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989.

The prosecution allegation was that the accused persons threatened BSP (Bahujan Samaj Party) candidate, K. Sundara, and asked him to withdraw his candidacy from the 2021 elections to Kerala Legislative Assembly in Manjeswaram Constituency. It is alleged that a bribe of 2.5 lakh ₹2.5 lakh and a mobile phone worth ₹8300 was offered. Further allegations of wrongful confinement, tampering of evidence and deceit were also made out.

The Sessions Judge, Kasargod considered the discharge petition filed by the Surendran and allowed the same. Thereafter, it went on to discharge the other accused persons as well. It is against this decision that the State had preferred a revision petition before the High Court.

Case No: Crl.Rev.Pet 1095/2024 and connected case

Case Title: State of Kerala v. K. Surendran

Citation: 2025 LiveLaw (Ker) 528

Counsel for the petitioner: P. Narayanan, Sajju S., C.S. Hrithwick - Senior G.P.s

Counsel for the respondents: S. Sreekumar (Sr.), P. Martin Jose, C. Dinesh, Shreekantha K., P. Prijith, Thomas P. Kuruvilla, R. Githesh, Ajay Ben Jose, Manjunath Menon, Sachin Jacob Ambat, Anna Linda Eden, S. Vaidyanathan, Harikrishnan S.

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