New Delhi, May 28 (UNI) The Supreme Court on Wednesday granted interim bail to five alleged RSS workers accused in the murder of Popular Front of India (PFI) leader Shan, which took place in Kerala on December 18, 2021.

The Court said that there was no finding of misuse of bail conditions and that their continued detention could not be justified.

A bench, comprising Justices Surya Kant and Dipankar Datta, passed the order while hearing appeals challenging a Kerala High Court decision cancelling the bail that had been granted by the Sessions Court in December 2022, almost a year after the accused had been in custody.

The Kerala High Court, on December 11, 2024, cancelled the bail of five out of the several accused in the case, holding that the Sessions Court granted bail based on a concession by the public prosecutor without examining the merits.

The High Court observed that the order “shocked the conscience of the court.”

Senior Advocate Soumya Chakraborty, appearing for the accused, contended that the cancellation came nearly two years after the bail was granted, and there was no allegation of bail misuse or witness intimidation.

Senior Advocate Siddharth Agarwal, representing the victim’s wife, argued that the original bail was granted without due consideration of material facts.

“The Sessions Judge earlier rejected bail, noting the accused were flight risks and threats to witnesses. These findings were ignored in the second bail order,” he said, adding that the trial court order was based on an alleged concession by the public prosecutor.

However, the bench observed, “The principles of bail are clear. Once bail is granted, unless there’s misuse or violation, liberty cannot be taken away.”

The judges repeatedly asked whether there was any finding of misuse by the accused, none was cited.

The State of Kerala, represented by Senior Advocate P V Dinesh, clarified that the so-called concession was a response to a routine judicial query on whether custody was still needed post-charge sheet. He maintained that this was misinterpreted as consent for bail.

The Court admitted the matter for final hearing and granted interim bail to the five accused, subject to several conditions.

The Court directed that the accused shall not reside in Alappuzha district, where the murder occurred. They must furnish their current addresses to the local police, They must report weekly to the police station. They are required to attend court proceedings and fully cooperate with the trial and are barred from contacting witnesses or tampering with evidence.

The Court noted that charges were framed on May 17, and the trial is scheduled to be completed within 10 months, per the Kerala High Court’s earlier direction.

The accused were alleged to have killed Shan in retaliation for the murder of an RSS worker, allegedly by members of the SDPI (Social Democratic Party of India).

The Kerala High Court had upheld bail for some accused while setting it aside for accused 2 to 6, citing lack of reasoning in the trial court’s order.

The Supreme Court had earlier issued notice on the petition challenging the High Court’s cancellation order and had questioned the State’s decision to invoke some Sections of the CrPC, noting that the initial bail had not been opposed.

At the end of Wednesday’s hearing, when the State's counsel attempted to address the Bench regarding technical issues in the virtual hearing, the Court said the same order applies to both appeals listed that day.

With this order, the Supreme Court has temporarily restored liberty to the five accused, reinforcing that cancellation of bail must be grounded in misuse or fresh material circumstances, not just retrospective reconsideration.

UNI SNG SS