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Supreme Court Restores Bail to Five in K.S. Shan Murder Case Under Strict Conditions

The bench held that criminal antecedents alone cannot justify denying bail during a protracted trial.

Overview

  • Justices Dipankar Datta and A.G. Masih set aside the Kerala High Court’s 11 December 2024 order cancelling bail and reinstated the 2022 release of five accused.
  • The court barred the men from entering Alappuzha except for trial, required alternate‑day attendance at the local police station, and prohibited any bid to delay or tamper with evidence.
  • Kerala Police were told to appoint an officer to monitor compliance and ensure witness protection, and the State was directed to secure witness presence so evidence is recorded without delay.
  • Noting that 141 witnesses are to be examined and that the accused have not reoffended since their initial release, the court said it would lean in favor of liberty over incarceration.
  • An allegation that accused Vishnu violated interim bail was rejected as a ground for cancellation after the purported victim, Abhiram, filed an affidavit denying his involvement.