SC grants bail to 5 RSS workers in SDPI leader's murder case

New Delhi | The Supreme Court on Monday said antecedents cannot constitute a ground to deny bail and granted the relief to five RSS workers accused of killing SDPI leader K S Shan in Kerala's Alappuzha district in December 2021.

A bench comprising Justices Dipankar Datta and Augustine George Masih referred to the chargesheet and observed that 141 witnesses were to be examined and the trial would take some time to conclude.

"Our attention was also invited to the status report filed by the state, to indicate the various criminal antecedents of the appellants. Suffice it to say, however, that such antecedents by themselves cannot constitute a ground for denial of bail," the bench said.

The top court set aside the order of the Kerala High Court cancelling bail to the accused -- Abhimanue, Athul, Sanand, Vishnu and Dhaneesh.

"Bearing in mind that the appellants since grant of bail have not been involved in any similar or other offence, we prefer to lean in favour of liberty rather than its curtailment. Accordingly, while setting aside the impugned order, the appellants’ liberty is not curtailed subject to imposition of certain stringent conditions," the bench said.

The top court said the golden rule of bail jurisprudence "bail is the rule and jail an exception" cannot be ignored.

"Taking back the appellants in custody for no better reason than that the sessions court should not have been swayed by omission of the Public Prosecutor to raise any objection to grant of bail should not operate to the appellants’ prejudice, more so when two years have passed in the interregnum," the bench said.

Imposing a number of condition, the top court ordered the accused not to enter the limits of district Alappuzha, except when their presence was required for trial.

"The appellants shall inform the trial court of their respective address where they propose to stay during such time condition (a) remains in force. On every alternative day, the appellants shall mark their presence at the police station having jurisdiction in respect of their proposed places of stay," it said.

The apex court further directed the accused not to "procrastinate the trial" and fully cooperate with the trial court. They were also asked not to tamper with the evidence.

"The appellants shall not pray for deferment of cross examination of any eye-witness After the evidence of all the alleged eye-witnesses is recorded, the appellants shall be at liberty to seek modification of condition (a) supra before the trial court," the court said.

The apex court said the police administration of the state could appoint an officer to not only ensure there was no influence or intimidation to the witnesses but also to protect them.

"We direct the state too to cooperate with the trial court by ensuring the presence of all the private and official witnesses on the dates fixed by the trial court for recording evidence. The trial court is encouraged to expedite the trial by scheduling dates in such a manner that witness testimony is recorded without undue delay," the bench said.

The high court on December 11 last year cancelled the bail granted to the accused in response to a plea filed by the state government challenging the decision of the Additional Sessions Court-III, Alappuzha.

According to the prosecution, the accused, members of the RSS, conspired to murder Shan due to enmity linked to an earlier attack on two individuals and the killing of an RSS leader.