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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
K R Jayachandran – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. challenge to bail application process (Para 2 , 3 , 4) |
| 2. claims of false allegations and family dispute (Para 7 , 8 , 9 , 10) |
| 3. state's opposition due to serious allegations (Para 11 , 12 , 13) |
| 4. interim protection and cooperation requirement (Para 14 , 15) |
| 5. granting anticipatory bail under conditions (Para 16 , 17 , 18 , 19) |
| 6. final order to allow the appeal (Para 20) |
ORDER :
2. This appeal challenges the order dated 14.01.2025 passed by the High Court of Kerala at Ernakulam in Bail Application No.5932 of 2024.
4. Said application for anticipatory bail was rejected by the High Court vide the impugned order dated 14.01.2025. Hence, the instant appeal has been preferred.
Petitioner's counsel is permitted to serve the standing counsel for first respondent-State.
Till the next date of hearing, no coercive steps shall be taken as against the petitioner herein vis-a-vis FIR No.475/2024 dated 08.06.2024 registered at Kozhikode Kasaba Police Station, Kozhikode City provided the aforesaid interim order is subject to the petitioner cooperating with the investigation."
7. Learned senior counsel for the appellant submit
Anticipatory bail cannot be granted based on vague allegations or blanket requests, as it undermines the investigation process.
The court granted anticipatory bail under Section 438 of the Code, emphasizing the need for cooperation in the investigation while addressing the validity of serious allegations.
The central legal point established in the judgment is the consideration of the necessity for custodial interrogation and the willingness of the applicant to cooperate with the investigation in grant....
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