Supreme Court sets aside manifestly perverse bail, citing misuse of liberty and murder of key witness under IPC and SC/ST Act.
Case in NewsManifestly perverse bail order set aside by supreme court for ignoring accused’s misuse of liberty . |
Case Overview
Case Name: Lakshmanan vs. State through the Deputy Superintendent of Police & Ors.
In Lakshmanan v. State, a Bench comprising Justice BV Nagarathna and Justice R Mahadevan examined the legality of a bail order passed by the Madurai Bench of the Madras High Court . The case arose from serious allegations of violence against Scheduled Caste victims and subsequent murder of a key eyewitness while the accused were on bail . The Supreme Court scrutinised whether the High Court had applied settled principles governing grant of bail, particularly in cases involving witness intimidation and abuse of liberty .
Key Aspects
The case reflects a disturbing sequence of events where liberty granted by the court was allegedly misused to subvert the justice process . The Supreme Court focused on factual background, conduct of the accused and the impact of such conduct on a fair trial .
- FIR registered for unlawful assembly and attack under Sections 147, 148, 307, 324, 323 IPC .
- Offences also invoked Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act .
- Accused granted bail in September 2020 in the attempt to murder case .
- While on bail, four accused allegedly murdered a key eyewitness; FIR under Section 302 IPC .
- Earlier bail cancelled in March 2023 due to grave supervening circumstances .
Legal Insights
The Supreme Court reiterated settled bail jurisprudence and statutory safeguards for victims, especially under special enactments . It emphasised that judicial discretion must be exercised with due application of mind to material facts .
- Section 15A(5), SC/ST (Prevention of Atrocities) Act: mandatory right of victim to be heard in bail matters .
- Sections 437 and 439 CrPC: require consideration of gravity, antecedents, and likelihood of misuse of bail .
- Section 302 IPC and Section 307 IPC signify extreme seriousness impacting bail discretion .
- Prior cancellation of bail is a determinative factor while reconsidering liberty .
Court’s Verdict
The supreme court held that the High Court ignored crucial facts including prior cancellation of bail and the murder of a material witness, rendering the order manifestly perverse . The Court found the bail order vitiated by arbitrariness and non-application of mind, warranting Setting Aside Of Bail . Accordingly, the accused were directed to surrender before the trial court within two weeks .
Source – Supreme Court of India
Read also – CrPC
