Case:- Abhimanue vs State of Kerala
Citation:- 2025 INSC 1136
Date:- 22.09.2025
Hon’ble Supreme Court Bench:- JUSTICE DIPANKAR DATTA & JUSTICE AUGUSTINE GEORGE MASIH
The Hon’ble Supreme Court set aside the judgment of the Kerala High Court, which cancelled the bail granted to five persons who are accused of murdering the then Social Democratic Party of India (SDPI) State Secretary KS Shan in December 2021.
- The Hon’ble Court stressed that liberty cannot be curtailed unless absolutely necessary, recalling Justice Krishna Iyer’s famous doctrine that “bail is the rule and jail the exception.” Referring to Ayub Khan v. State of Rajasthan, the Court observed that criminal antecedents alone cannot justify denial of bail as each case must be judged on its peculiar facts.
- It noted that the accused had already spent one year in custody and had been on bail for nearly two years without any major violations.
- On the allegation that one accused, Vishnu, violated bail conditions by attacking another, the Hon’ble Court said the victim himself denied Vishnu’s role, remarking there was “more than what meets the eye.”
- With 141 witnesses still to be examined, the Hon’ble Court said the trial will take considerable time, and till then, the presumption of innocence and the right to liberty should prevail.
- The Hon’ble Court emphasized that concerns about influencing witnesses or tampering with evidence can be addressed through strict bail conditions rather than imprisonment. The Hon’ble Court directed that the accused cannot enter Alappuzha district (crime spot) except for trial, must report to police every other day, and will be monitored by a police officer appointed for compliance and witness protection.
- The Hon’ble Court also directed the State to secure witness attendance and asked the trial court to expedite proceedings.
