[Attempt to Murder case] Supreme Court seeks Kerala govt response in plea by All India Hindu Parishad member challenging cancellation of bail

The Supreme Court on Tuesday sought the response of the Kerala government on a plea by one Kara Ratheesh, who belongs to a right wing organisation All India Hindu Parishad, challenging a Kerala High Court order cancelling his bail in an attempt to murder case. .Ratheesh had recently been in limelight after he was involved in the destruction of a church-like movie set in May 2020.The Court agreed to issue notice in the matter only after it was informed that the petitioner who was up until then absconding, has surrendered before the police. When the matter was taken up by Justices Dinesh Maheshwari and Aniruddha in the morning session, the Bench expressed its disinclination to entertain the matter noting that the petitioner had not surrendered before the authorities despite High Court order cancelling the bail way back on March 18, 2021. "Even after taking note of the submissions of the learned senior counsel and examining the said FIRs, we had expressed reservations in dealing with the matter further unless the petitioner, first of all, surrenders to the process of law," the Court noted. Senior Counsel R Basant and advocate Raghenth Basant, who were appearing for the accused, sought time to take instructions. The matter was, therefore, posted to be taken up in the afternoon session. When the case came up post lunch, the counsel informed the Court about the surrender of the accused. "In the second call, learned senior counsel has submitted, on instructions, that the petitioner has presented himself before Angamaly Police Station today but he could not go to the Trial Court in view of the prevailing situation of pandemic and lockdown," the order said. .The Court, therefore, agreed to issue notice in the matter while also directing that the petitioner be taken into custody and committed to prison. .The case dates back to March 2014 when Ratheesh attempted to kill one Rithin Rajan. He was convicted under Section 307 (attempt to murder) and Section 324 (voluntary hurt using dangerous weapons) of India Penal Code by the Additional Sessions Judge, Paravur on October 31, 2017 and sentenced to 10 years imprisonment. The Kerala High Court on appeal suspended the sentence while granting bail to the petitioner in March 2018. .One of conditions for grant of bail was that he would not be involved in any criminal activities. But the destruction of the movie set and another incident involving obstruction to traffic led to two FIRs registered against him. The State and Rajan then preferred applications for cancellation of bail before the Kerala High Court which was allowed. .Ratheesh contended that the bail granted to him on March 21, 2018 was erroneously cancelled by the High Court on March 18 ,2021 “on absolutely flimsy grounds.”.Basant told the Court that the two FIRs registered against Ratheesh after he was released on bail in 2018 had nothing to show that he individually committed any of those crimes so as to forfeit the indulgence granted by the Court..The top court noted that though there was no deadline set by the High Court to surrender, but the “fact of the matter remains that the High Court had consciously cancelled the bail granted to him after taking into account the allegations of the State that after suspension of execution of sentence with the condition that he would not get involved in any other offence, the petitioner was found involved in the said two cases.”.The court therefore ordered that, “if has surrendered before the said Police Station, shall be taken into custody and committed to the prison.”However, the Court also clarified that this shall be without prejudice to the appeal preferred by him..The matter will now be heard again on May 28 by a vacation bench..[Read Order]