Madhu case: Kerala HC stays lower court order cancelling bail of accused

Madhu
Madhi. File photo: Manorama

Kochi: The Kerala High Court on Wednesday stayed a special court order cancelling the bail of 12 accused in the case of killing of a tribal man in Palakkad district for allegedly stealing food articles in 2018.

The high court stayed the special court order till August 29 while considering a plea moved by two accused challenging its decision in the sensational case. The Special Court for trial of offences under the SC/ST Act at Mannarkkad in Palakkad district had ordered the cancellation, accepting the prosecution's argument that under the influence of the accused, several witnesses had turned hostile during the ongoing trial.

In its order dated August 20, the special court had observed that any further delay in doing so would give room for influencing the remaining witnesses in the case. Granting interim stay, the high court sought to know how a lower court could cancel the bail granted by it.

In its order, the special court had said on the evaluation of the entire materials brought before it by the prosecution, it came to the conclusion that the accused have influenced the witnesses and attempted to challenge rather dictate the whole criminal administrative system of the country.

The court had further said counsel for six of the accused cautioned it against the possible consequences that may ensue on cancellation of bail granted by the Kerala High Court, such as answering of charge memo that may be issued and publication of bad news in media along with photographs of the judge, among others.

"I believe that the High Court will never unnecessarily harass subordinate officers if the order is supported by valid reasons. Apart from all these, every judicial officer is expected to discharge his duties without fear of favour. Therefore, it is not necessary to discuss much the anxiety expressed by the counsel," Special Court judge K M Retheesh Kumar had said in the order. Madhu from Attappady was killed after he was caught, tied and thrashed by a group of local people alleging theft on February 22, 2018.  

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