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Supreme Court of India 2021-03-19 allowed

State of Kerala vs Mahesh

Bench: 2 — Indira Banerjee

In Brief

The State of Kerala appealed against the High Court's grant of bail to an accused charged with the heinous murder of a 30-year-old lady doctor. The accused allegedly stabbed the victim in the presence of her father (an eyewitness) in September 2020 following a domestic dispute. The High Court granted bail on the basis that the accused had been in custody for 75 days, imposing only a condition that he not enter the Ollur Police Station jurisdiction. The Supreme Court held that the High Court erred by failing to consider relevant factors such as the gravity of the offence, severity of prescribed punishment, likelihood of witness intimidation, and materials prima facie establishing the accused's involvement. The Court emphasised that restricting the accused from one police station's jurisdiction could not prevent witness intimidation when witnesses were spread across multiple jurisdictions. The appeal was allowed and the bail order was set aside.

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Criminal Procedure Bail Murder Witness Intimidation Appellate Jurisdiction Judicial Discretion

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