Courtroom Chronicles

SUPREME COURT RESTORES BAIL IN KERALA POLITICAL MURDER CASE

by | Sep 23, 2025

Supreme Court of India building with gavel symbolizing bail judgment in Abhimanue vs State of Kerala.

Supreme Court restores bail in Kerala political murder case, September 22, 2025.

SUPREME COURT RESTORES BAIL IN KERALA POLITICAL MURDER CASE

CASE SUMMARY – The Supreme Court in Abhimanue & Ors. vs. State of Kerala of India set aside the Kerala High Court’s order cancelling bail of five accused in a 2021 politically motivated murder. Although the High Court correctly entertained the petition under CrPC Section 482 and 439(2), the Supreme Court found no supervening circumstances or proven misconduct justifying revocation. Emphasizing that “bail is the rule and jail the exception,” the Court held that nearly two years on bail without violations outweighed the Sessions Court’s procedural lapse. Bail continues with stringent conditions, including restricted travel and regular police reporting, while directing an expedited trial with witness protection.

ASPECTS DETAILS
Case Title Abhimanue & Ors. vs. State of Kerala 
Introduction Appeals challenged the Kerala High Court order (11 Dec 2024) which cancelled bail granted to five accused in a politically motivated murder case.
Factual Background FIR No.621/2021 was registered for offences under IPC Sections 143,147,148,149,324,302 and Arms Act Section27(1). The accused allegedly murdered a political opponent on 18 Dec 2021. Trial court granted bail in Dec 2022 after about a year’s custody. High Court later cancelled bail citing risk of tampering and mechanical grant.
Legal Issues
  1. Whether High Court could revoke bail after Sessions Court refusal.
  2. Difference between cancellation and setting aside of bail.
  3. Balancing liberty with fair-trial concerns.
Applicable Law
  1. Code of Criminal Procedure Sections 439(2), 482;
  2. IPC Sections 120-B,109,115,143,147,148,149,324,302;
  3. Arms Act Section 27(1); 
  4. Precedents: P vs. State of MP (2022), Ranjit Singh vs. State of MP (2013), Abdul Basit vs. Mohd. Abdul Kadir Chaudhary (2014).
Analysis Supreme Court held that the High Court could entertain a petition under Sections 482 r/w 439(2) but noted Sessions Court had erred only procedurally. Considering two years on bail, lack of proven violations (except one unsubstantiated allegation), and the principle “bail is the rule, jail the exception,” the Court favored liberty with stringent conditions.
Conclusion Impugned High Court judgment set aside; appellants to remain on bail with strict conditions (e.g., restricted travel, regular police reporting, no tampering).
Current Scenario Trial ongoing with 141 witnesses; Supreme Court directed speedy trial and protective measures for witnesses.

 

SOURCE – SUPREME COURT OF INDIA

READ ALSO –

  1. Code of Criminal Procedure Sections 439(2), 482;
  2. IPC Sections 120-B,109,115,143,147,148,149,324,302.

 

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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