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Supreme Court Restores Bail to Five in K.S. Shan Murder Case, Sets Aside Kerala HC Order

The bench held that antecedents alone do not justify custody, imposing strict conditions to safeguard the trial.

Overview

  • Justices Dipankar Datta and A.G. Masih reinstated bail for Abhimanue, Athul, Sanand, Vishnu and Dhaneesh that the Kerala High Court had cancelled in December 2024.
  • The order bars the accused from entering Alappuzha except for hearings, requires alternate‑day attendance at local police stations, and prohibits any interference with witnesses or evidence.
  • The court allowed the Kerala Police to appoint an officer to monitor compliance and provide witness protection, and it urged the trial court to record testimony without delay.
  • Citing 141 witnesses and the time the case will take, the bench leaned toward liberty, noting the men spent about a year in custody and had not reoffended while previously on bail.
  • The State’s claim that Vishnu breached interim bail by assaulting a man named Abhiram was rejected after the purported victim filed an affidavit denying his involvement.