The SC on 8th June, Tuesday, set aside the Kerala HC order cancelling the bail to a Right-Wing member, Kara Ratheesh, in an attempt to murder case.
Ratheesh, is a member of All India Hindu Parishad. He was charged in May, 2020, for vandalizing a church like film set on the banks of Periyar at Kalady.
The structure was vandalized since there were “objections against erecting the structure in front of Lord Mahadeva on Kalady.”
The bench consisted of Jusitces Navin Sinha and Ajay Rastogi stated that by the impugned order, dated, 18.03.2021, the HC allowed the application under the second proviso of S.389 (1) of the CrPC and cancelled the bail that was granted to the petitioner.
The petitioner was shown being involved in two further criminal cases after the HC suspended his executional sentence in an attempt to murder, with the specified conditions that he, in any circumstances, would not get involved in any other offence, and the breach of this condition would automatically result in the cancellation of bail.
Senior Advocate representing the petitioner submits before the court that the subsequent two FIR’s are in connection with cases which were basically protest, in which several other people had also participated. The State of Kerala told the Court that the petitioner had violated his terms of bail.
On May 25th, a coordinate bench of the SC heard the Senior Advocate R. Basant representing the petitioner, who had submitted before the court pertaining to the contents of the FIR. He submitted before the court that there hadn’t been any case where the petitioner individually committed any crime as to violate the terms of bail.
R. Basant states that petitioner had submitted himself before Angamaly Police Station on 25th May itself, but couldn’t travel to the trial court due to the lockdown. The counsel states that there had been no intentional fault.
“Having regard to the circumstances of the case, the petitioner, if surrendered before the said police station, shall be taken into custody and committed to prison. However, this process shall be without bias and prejudice to the submissions made by the petitioner in this appeal.”
The bench headed by Justice Dinesh Maheshwari stated.
