New Delhi, Sept 22: The Supreme Court on Monday set aside a Kerala High Court order that had cancelled the bail of five men accused in a politically motivated murder in Alappuzha. “Liberty cannot be curtailed merely because the trial is slow,” the bench observed, while making it clear that witness safety must remain paramount.
Background
The case stems from the killing of a local political worker on December 18, 2021. According to police, a group of activists rammed the victim’s scooter and attacked him with deadly weapons. A First Information Report (FIR) was lodged the next day and the accused were arrested soon after.
By late 2022, the trial court granted them bail, noting that they had already spent nearly a year in custody and the public prosecutor had raised no objection. The State’s first bid to cancel the bail failed before the sessions judge in April 2024. However, the Kerala High Court later reversed the bail orders in December 2024, saying the trial court acted “mechanically” in a heinous murder case.
Court’s Observations
Hearing the appeals of Abhimanue, Athul, Sanand, Vishnu and Dhaneesh, the Supreme Court rejected the argument that the High Court lacked authority to entertain the State’s plea. But it faulted the High Court for not directing the sessions court to reconsider bail afresh.
Justice Dipankar Datta noted, “Bail is the rule and jail the exception,” adding that the accused had spent almost two years on bail without serious violations. The lone allegation of a fresh offence against Vishnu collapsed after the complainant denied his involvement.
The bench stressed that prior criminal cases cannot automatically justify continued detention and said that concerns about witness intimidation can be met through tougher conditions rather than custody.
Decision
The Court restored bail to all five appellants but imposed strict safeguards. They cannot enter Alappuzha district except for trial, must report to the local police every alternate day, and are barred from delaying or influencing witness testimony. Any breach will allow the trial court to cancel bail immediately.
With these directions, the Supreme Court allowed the appeals and set aside the Kerala High Court’s order cancelling bail.
Case: Abhimanue & Others vs. State of Kerala – Supreme Court Restores Bail
Case Numbers: Criminal Appeal Nos. 4197–4199 & 4200–4201 of 2025
Date of Judgment: 22 September 2025