New Delhi, Apr 1 (Reporter) The Supreme Court on Tuesday issued a notice to the Kerala government on a plea challenging the Kerala High Court's decision to cancel the bail of several accused in the murder case of Social Democratic Party of India (SDPI) leader Shan. The petition was filed by three of the accused whose bail was revoked by the High Court and they argued that they had not violated any bail conditions. Despite this, the Kerala government sought the cancellation of their bail, and the High Court treated the matter as if an appeal had been filed against the original grant of bail. The case pertains to an alleged retaliatory killing following the murder of an RSS worker by SDPI members in December 2021. A bench comprising Justice Dipankar Datta and Justice Manmohan sought a response from the Kerala government and also impleaded the deceased’s wife as a respondent in the case. Senior Advocate Soumya Chakraborty, appearing for three of the accused whose bail was revoked, argued that they had not violated any bail conditions. On the other hand, Senior Advocate Raghenth Basant, representing the deceased’s wife, stated that while she was not a party in the State’s petition, the High Court primarily reviewed whether bail had been granted with adequate reasoning. The State argued that the Trial Court had failed to provide sufficient justification for granting bail. Justice Datta questioned how the State could invoke Section 482 of the Criminal Procedure Code (CrPC) for bail cancellation when its prosecutor had not opposed the bail at the trial stage. He remarked that 'courts are already overburdened and criticized the State for seeking bail cancellation under such circumstances.' “When the State’s prosecutor does not oppose bail, was the Trial Court still required to give a reason? The High Court should have asked the prosecutor why they did not object in the first place. How was this application entertained? It should have been dismissed outright,” Justice Datta observed. The Supreme Court also noted that the accused had been arrested on December 25, 2021, granted bail a year later on December 24, 2022, and had their bail revoked in December 2024. Justice Datta inquired whether any violations of bail conditions had occurred in the two years since bail was granted. The Senior Counsel for the deceased’s wife admitted that neither she nor the State had alleged any such violation before the High Court. On December 11, 2024, the Kerala High Court had partially allowed the State’s appeal, canceling bail for three accused-- numbers 2 to 6, who were directly involved in the murder- while upholding bail for accused numbers 1 and 7 to 10. The prosecution had argued that Shan was killed as part of a conspiracy involving RSS members. The accused allegedly followed Shan, collided with his scooter, and fatally attacked him with weapons. The case was registered by the Mannancherry Police Station for charges under the Indian Penal Code (IPC) and the Arms Act. The Supreme Court has issued a notice returnable in two weeks and will hear the case further in the upcoming session...////...