The Supreme Court has set aside a Kerala High Court order that had revoked bail granted to five men accused in the 2021 murder of a leader of a particular political organisation. The case, registered under multiple sections of the IPC and the Arms Act, had initially seen all ten accused in custody for nearly a year before the trial court granted them bail in December 2022. Although the Additional Sessions Judge later rejected the State’s plea for cancellation, the High Court reversed that order in December 2024, terming the grant of bail mechanical and unsustainable.
A bench of Justices Dipankar Datta and Augustine George Masih ruled that the High Court’s cancellation was unwarranted since the accused had remained on bail for almost two years without major violations. The Court emphasized that criminal antecedents alone cannot justify denial of liberty, and the long delay in moving for cancellation weighed in favour of the appellants. While one accused was alleged to have violated a travel restriction and committed assault, the apex court found the evidence insufficient to withdraw bail.
Clarifying the difference between cancellation and revocation of bail, the Court observed that subsequent misconduct may justify cancellation, while a flawed order can lead to revocation. However, in this case neither ground was convincingly established. The bench restored bail but imposed strict conditions restricting movement, barring contact with witnesses, and requiring cooperation with trial proceedings
Case Details: Abhimanue etc. etc. v/s State of Kerela, 2025 INSC 1136
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