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Noble John vs The State Of Kerala on 16 July, 2021

Bench: Chief Justice, A.S. Bopanna, Hrishikesh Roy

                                                      1

     ITEM NO.20                   Court 1 (Video Conferencing)            SECTION II-B

                                  S U P R E M E C O U R T O F      I N D I A
                                          RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.) No(s).4777-4778/2021

     (Arising out of impugned final judgment and order dated 23-03-2021
     in BA No. 8998/2020 23-03-2021 in BA No. 9060/2020 passed by the
     High Court Of Kerala At Ernakulam)

     NOBLE JOHN                                                          Petitioner(s)

                                                     VERSUS

     THE STATE OF KERALA & ORS. ETC.                                     Respondent(s)

     (FOR ADMISSION and I.R. and IA No.76576/2021-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.76578/2021-EXEMPTION FROM
     FILING O.T. )

     Date : 16-07-2021 These petitions were called on for hearing today.

     CORAM :                 HON'BLE THE CHIEF JUSTICE
                             HON'BLE MR. JUSTICE A.S. BOPANNA
                             HON'BLE MR. JUSTICE HRISHIKESH ROY


     For Petitioner(s)                 Mr.   Jayanth Muthraj, Sr. Adv.
                                       Mr.   P. S. Sudheer, AOR
                                       Ms.   Anne Mathew, Adv.
                                       Mr.   Bharat Sood, Adv.
                                       Ms.   Shruti Jose, Adv.

     For Respondent(s)


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Having heard learned senior counsel appearing on behalf of the petitioner and having perused the material available on record, we are not inclined to interfere with the judgment and order passed by the High Court in granting anticipatory bail to the respondent Nos.

3 to 6 in SLP (Crl. No.4777 of 2021 and Respondent No.3 in SLP 12:39:03 IST Reason:

(Crl.) No.4778 of 2021.

Learned senior counsel appearing on behalf of the de-facto complainant submits that certain observations made in the impugned order while granting bail to the aforesaid respondents touching on merits will adversely affect the petitioner in the trial of the case. In view of the same, we delete the observations made by the High Court relating to the merits and nature of the case which are likely to affect the petitioner adversely. The Trial Court is directed not to take into consideration any such observation made by the High Court and to conclude the trial on its own merits and in accordance with law without being influenced by any of the observations made by the High Court in the impugned order, which stand limited only to the consideration of bail. The special leave petitions are, accordingly, dismissed with the above observations.

As a sequel to the above, pending applications, if any, stand disposed of.

(GULSHAN KUMAR ARORA)                          (R.S. NARAYANAN)
     AR-CUM-PS                                COURT MASTER (NSH)