Back
P. V. KUNHIKRISHNAN
Sunil N. S. – Appellant
Versus
State of Kerala Represented By Public Prosecutor – Respondent
ORDER
The short point to be decided in this bail application is whether the period of long undertrial detention alone is a ground to grant bail to an accused.
2. The petitioner/accused, Sri. Sunil N.S, herein is the first accused in Crime No.297 of 2017 of Nedumbassery Police Station, Ernakulam. The above case is now pending before the Principal Sessions Court, Ernakulam as Sessions Case No. 118 of 2018.
3. The prosecution case is that in furtherance of a criminal conspiracy by a movie star, who is the 8th accused in the case, the petitioner/first accused along with certain other accused abducted and sexually assaulted the victim in this case in a moving car. The offences alleged against the petitioner/accused and other accused are under Sections 120B, 109, 342, 366, 354, 354B, 357, 376D, 201, 212 read with Section 34 of the Indian Penal Code, 1860 and under Sections 66E and 66A of the Information Technology Act, 2000. The petitioner/accused herein has been custody in connection with the above case from 23.02.2017 onwards. The petitioner/accused has been in judicial custody for the last six years. The petitioner/accused approached this Court earlier by filing a bail application nu
Bail – Period of long undertrial detention alone is not a ground to grant bail to accused—Gravity of offence alleged against accused is also a criterion to be considered by Court while deciding bail ....
Point of Law : There is no hard and fast rule regarding grant or refusal to grant bail. Each case has to be considered on facts and circumstances of each case and on its own merits.
Section 309 Cr.P.C. provides power to postpone or adjourn proceedings.
The court emphasized the need to balance the individual's right to personal freedom with the right of police investigation, and considered the delay in trial, lack of prima facie evidence, and absenc....
The right to speedy trial under Article 21 can justify bail due to inordinate delays, despite the serious nature of criminal charges.
Bail – When Courts recognize and respect individual right to life and liberty as guaranteed under Article 21 of Constitution of India, it is duty of Court to recognize and respect such rights of citi....
The court ruled that the applicant, as the prime accused in serious offences, cannot be granted bail due to the risk of trial tampering and his history of absconding, despite delays in the trial proc....
The main legal point established is that repeated bail applications without change of circumstances can be dismissed with costs to deter frivolous litigation.
The delay in trial, the seriousness of the offences alleged, and the objections raised by the prosecution and intervenor were key factors in denying bail to the petitioner.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
