On Monday . This decision came after an appeal against the anticipatory bail granted to them by the High Court of Kerala at Ernakulam on October 18, 2023. The bench, consisting of Justice Hrishikesh Roy and Justice Prashant Kumar Mishra, heard the case on May 13, 2024. Senior counsel Mr. V. Chitambaresh represented the petitioner, while Mr. R. Basant, senior counsel, defended the respondents.
Mr. Chitambaresh argued that the High Court's decision to grant anticipatory bail was flawed because the respondents, being lawyers, held a dominant position over the victim. In contrast, Mr. Basant pointed out that the respondents had been taken into custody on May 6, 2024, and were currently in jail, with the investigation still ongoing.
The bench acknowledged that the respondents, as lawyers, were in a position of dominance relative to the victim, indicating the High Court's error in granting anticipatory bail. Mr. Basant emphasized that the respondents were already in custody and that the investigation was active.
After evaluating the arguments, the bench decided to grant bail to M.J. Johnson and Philip K.K. Nonetheless, due to prior interactions between the accused and the victim, the Court imposed conditions on their bail. The respondents were ordered to maintain distance and avoid any communication with the victim or other witnesses involved in the case.
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