Trial Court's Observations in Bail Cancellation Dismissal Not to Influence Final Evidence Appreciation in S.439(2) Cr.P.C Matter: Kerala High Court

Kerala HC Clarifies Trial Court Observations in Dileep Bail Case Not to Impact Final Verdict

Ernakulam: The Hon’ble Mrs. Justice Sophy Thomas of the Kerala High Court, in an order dated February 28, 2024, disposed of a Criminal Miscellaneous Case (Crl.MC No.5308 of 2022) filed by the State of Kerala. While declining to cancel the bail granted to actor P. Gopalakrishnan alias Dileep (the 8th accused in Crime No.297/2017 of Nedumbassery Police Station), the Court issued a significant clarification regarding observations made by the trial court in an earlier order.

Case Background

The prosecution had approached the High Court seeking to quash Annexure E, an order by the Additional Special Sessions Judge (SPE/CBI)-III, Ernakulam, which had dismissed their petition (Crl.M.P No.891 of 2022) to cancel Dileep 's bail. Dileep was granted bail by the High Court on October 3, 2017, with specific conditions, including a prohibition against influencing witnesses or tampering with evidence.

This was the second attempt by the prosecution to cancel Dileep 's bail. An earlier petition (Crl.M.P No.1299 of 2020) alleging witness influence was dismissed by the trial court (Annexure C), an order which the prosecution did not challenge. The subsequent petition (Annexure D), leading to the impugned Annexure E order, was based on new allegations, including revelations by one Mr. Balachandrakumar , suggesting witness influence, evidence destruction, and a conspiracy against investigating police officers.

Arguments Presented

The Director General of Prosecution (DGP), Sri. T.A Shaji , argued that Dileep had violated bail conditions. A primary concern raised by the DGP was that certain observations made by the trial judge in the Annexure E order (dismissing the bail cancellation plea) could prejudice the appreciation of evidence during the final stages of the ongoing trial (SC No.118 of 2018).

The DGP specifically highlighted statements from the trial court's order, such as: > "I cannot conclude that the accused deleted the evidence in connection with this case for the simple reason that the FSL report contains the fact that they deleted some conversation on 30.01.2022, in the absence of cogent evidence that the so called deleted conversations have connection with this case." (Page 26, Annexure E)

And, > "I cannot hold that the respondent caused disappearance of evidence simply for the reason that the mobile phone was subjected to examination in a private lab." (Page 27, Annexure E)

The prosecution feared these observations might suggest the trial judge had prematurely formed opinions on critical aspects like evidence destruction.

High Court's Rationale and Clarification

Justice Sophy Thomas noted that the trial in SC No.118 of 2018 was nearing completion, with only the cross-examination of the investigating officer remaining. The Court observed: > "In such circumstances, this Court is not going into the merits of the allegations, and is of the view that if the bail of the 8th accused is cancelled at this juncture, it may lead to further litigations and complications, which may frustrate the trial which is about to be completed, and may drag the proceedings indefinitely."

Given the advanced stage of the 2017 case, the High Court prioritized the timely completion of the trial. However, acknowledging the prosecution's apprehensions regarding the trial court's prior observations, the High Court provided a crucial clarification:

> "It is clarified that the findings and observations made by the trial court in Annexure E order are only for the purpose of disposal of Crl.MP No.891 of 2022, and it shall not affect appreciation of evidence in SC No.118 of 2018. Learned trial Judge has to appreciate the available facts and evidence in SC No.118 of 2018 independently, and untrammeled by any of the observations and findings in Annexure E order."

The Court emphasized that the trial judge must evaluate the evidence in the main case independently, without being influenced by any remarks made while deciding the bail cancellation petition.

Final Decision and Implications

The High Court disposed of the Crl.M.C with the above clarification. This means Dileep continues on bail. The decision underscores the principle that observations in interlocutory orders, especially concerning bail, should not pre-judge issues to be decided at the final trial stage. The Court also noted that any separate criminal cases registered concerning alleged evidence destruction, witness intimidation, or conspiracy against officers would proceed according to law.

The ruling aims to ensure a fair trial process, allowing the trial court to assess evidence in the main case without being constrained by its own prior observations made in a different context.