Supreme Court Overturns Kerala High Court Decision on Bail for Rashtriya Swayamsevak Sangh Workers

• The Supreme Court has reaffirmed the bail of five alleged Rashtriya Swayamsevak Sangh workers involved in the murder of Social Democratic Party of India (SDPI) leader K.S. Shan in Kerala.

• The decision was set aside by a Bench headed by Justice Dipankar Datta, who ruled that criminal antecedents alone cannot be a ground to deny bail.

• The High Court had previously set aside the bail granted by a Sessions Court in 2022, citing the accused’s long incarceration and the Public Prosecutor’s non-objective grant of bail.

• The High Court found the Sessions Judge’s actions to be mechanical and did not consider the accused’s potential influence on witnesses and tampering with case evidence.

• The court ruled in favor of bail despite allegations that two of the accused had violated their interim bail conditions by entering Alappuzha district to threaten a person.

• Justice Datta argued that the High Court should have considered the accused’s over a year behind bars before they were granted bail in 2022.

• The court emphasized that bail is the rule and jail is an exception, and ordered the accused to be taken back into custody if they interfered with witnesses or tampered with evidence.

SC restores RSS bail is important topic for Civil service exam (WBCS).

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