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2025 Supreme(SC) 1716

DIPANKAR DATTA, AUGUSTINE GEORGE MASIH
Abhimanue Etc. Etc. – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Soumya Chakraborty, Sr. Adv. Mr. Nachiketa Joshi, Adv. Mr. Santosh Kumar, Adv. Mr. Praneet Pranav, Adv. Mr. Thadimalla Bhaskar Gowtham, Adv. Mr. Alabhya Dhamija, Adv. Mr. Sai Shashank, A Mr. Subodh S. Patil, AOR Mr. Soumya Chakraborty, Sr. Adv. Mr. Nachiketa Joshi, Sr. Adv. Ms. Ruchi Kohli, Sr. Adv. Mr. Santosh Kumar, Adv. Mr. Tadimalla Bhaskar Gowtham, Adv. Mr. Alabhya Dhamija, Adv. Mr. Rishikesh Haridas, Adv. Mr. Sandeep Singh, AOR Mr. Sudheesh Kk, Adv. Ms. Srishti Mishra, Adv.
For the Respondent(s):Mr. Raghenth Basant, Sr. Adv. Mr. Vishnu P., Adv. Mr. Harris E.A., Adv. Ms. Hima Bhardwaj, Adv. Ms. Kaushitaki Sharma, Adv. Mr. Manu Krishnan G, AOR Mr. P. V. Dinesh, Sr. Adv. Mr. Harshad V. Hameed, AOR Mr. Dileep Poolakkot, Adv. Mrs. Ashly Harshad, Adv. Ms. Anna Oommen, Adv. Mr. Anshul Saharan, Adv

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The Supreme Court clarified that criminal antecedents of the appellants alone cannot serve as a ground for denying bail. The primary consideration for revoking or cancelling bail is to uphold trial integrity, ensure a fair trial, and protect societal interests, especially in cases involving heinous or grave crimes (!) .

  2. The distinction between cancellation and revocation of bail is emphasized. Bail can be canceled if the accused breaches any conditions imposed at the time of grant, such as influencing witnesses or tampering with evidence. Conversely, bail can be revoked if the order granting bail is found to be perverse or illegal. The decision to revoke bail should be based on supervening circumstances or misconduct after the grant of bail (!) (!) (!) .

  3. In this case, the High Court set aside the bail granted to five accused persons after observing that the initial grant was made mechanically without considering all relevant factors, particularly the severity of the crime and the risk of evidence tampering or witness intimidation. The Court noted that the Sessions Court should have examined all pertinent considerations before granting bail (!) .

  4. The Court held that the delay in filing an application for revocation of bail does not automatically disqualify such an application. The High Court was justified in exercising its inherent powers to review and revoke bail, especially given the serious nature of the allegations and the potential impact on the trial process (!) (!) .

  5. The Court observed that, despite the gravity of the charges, the accused had not been involved in any similar offences since being granted bail, and the case was progressing with a scheduled trial involving numerous witnesses. Therefore, liberty should be favored over unnecessary detention, provided that stringent conditions are imposed to prevent tampering or influence (!) (!) .

  6. To ensure trial fairness and prevent witness tampering, the Court imposed specific conditions on the appellants, including restrictions on entering the district, regular reporting to the police station, cooperation with the trial process, and refraining from influencing witnesses or tampering with evidence. The trial court was also empowered to impose additional conditions as needed (!) (!) .

  7. The Court emphasized that the role of bail is rooted in the principle that it is the rule, and detention is the exception. The decision to continue or revoke bail must balance individual liberty with societal and trial integrity concerns. The Court favored maintaining the appellants on bail with strict conditions rather than unnecessary incarceration, given the progress of the trial and the absence of misconduct by the appellants post-bail (!) (!) .

  8. The impugned order revoking bail was set aside, and the appeals were allowed, with the appellants directed to adhere to the specified conditions during the trial process. Pending applications were disposed of accordingly (!) .

These points reflect the Court’s approach to balancing individual rights with the interests of justice, emphasizing procedural correctness, and the importance of imposing appropriate conditions to safeguard trial fairness.


JUDGMENT

DIPANKAR DATTA, J.

1. Leave granted.

2. Assailed in the present set of appeals is the judgment and order dated 11th December, 2024 [impugned order] of the Kerala High Court, passed on a batch of petitions [Crl. M Nos. 4707, 4713, 4716, 4739, 4749, 4752, 4762, 4767 & 4798 of 2024] filed by the State of Kerala praying for setting aside of grant of bail (through separate orders) to a total of 10 (ten) accused. Vide the impugned order, the High Court set aside the orders granting bail to 5 (five) of the 10 (ten) accused, who are the appellants before us.

3. A First Information Report [FIR No. 621/2021, PS Mannanchery, District Alappuzha, Kerala] under Sections 143, 147, 148, 149, 324 and 302, Indian Penal Code, 1860 [IPC], was registered on 19th December, 2021, against unknown persons. It was alleged therein that such unknown persons committed the said offences under the leadership of one political activist of a particular political organization (not a party to these proceedings). Soon thereafter, the appellants were arrested. As per the narrative in the police report (charge-sheet) filed under Section 173(2), Code of Criminal Procedure, 1973 [Cr. PC] dated 15th March, 2022, the a

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