Kerala professor T.J. Joseph hand-chopping case: High Court grants bail to man sentenced to life

The main conspirator in the sensational case of 2010 convicted and sentenced to life imprisonment by a special NIA court in 2023

The Kerala High Court has granted bail to the main conspirator in the sensational college professor hand-chopping case of 2010 who was convicted and sentenced to life imprisonment by a special NIA court in 2023.

A Bench of Justices Raja Vijayaraghavan and P.V. Balakrishnan suspended the sentence of convict M.K. Nasar while his appeal against the NIA court's decision is pending in the High Court.

The NIA court had found Nasar to be the main conspirator in the case.

The Bench noted that Nasar underwent incarceration, at the pre-conviction and post-conviction phases, for over nine years and the fact that other accused, facing the same allegations as him, were earlier imposed with a lesser term of imprisonment and released after having undergone the sentence.

“Additionally, the appeals filed by the NIA against the findings of the sessions judge are being considered in separate appeals, which have not yet been taken up,” the Bench said.

"There is also the likelihood of delay, as the prime accused has surrendered, and the sessions judge may have to take up the trial and dispose of it in accordance with the law and some of the original records may be required for that purpose," the Bench said.

The High Court said that in view of these facts and circumstances, it was of the opinion that the sentence imposed on the applicant (Nasar) can be suspended pending the consideration of his appeal.

Bail conditions

The High Court granted him the relief subject to the condition that he shall execute a bond for the sum of ₹1 lakh and two solvent sureties each for the like amount to the satisfaction of the sessions judge.

The other conditions imposed on him were that he shall not leave the country without the High Court's permission, will not interfere with the trial or influence the witnesses in the trial in respect of the main accused and not commit a similar crime while out on bail.

The special NIA court had found Nasar guilty of offences under the stringent Unlawful Activities (Prevention) Act (UAPA) as well as attempted murder, conspiracy and various other offences under the Indian Penal Code (IPC) and the Explosive Substances Act in the second phase of the trial in the case.

He was among the six persons convicted in the second phase of the trial in the hand-chopping case.

Published - December 13, 2024 02:16 pm IST