KAUSER EDAPPAGATH
Prajith – Appellant
Versus
State of Kerala – Respondent
ORDER
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.
2. The applicants are the accused Nos.1 and 3 to 6 in Crime No.1479/2025 of Vadakkencherry Police Station, Palakkad District. The offences alleged are punishable under Sections 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 324(4) and 324(5) read with 190 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the defacto complainant and his family members warned the accused No.1, who was in love with the defacto complainant’s aunt’s granddaughter. Infuriated by this, on 27.12.2025 at 9:45 p.m. at Nattukal, Manjapra, accused Nos.1 to 7, along with 25 other identifiable persons, in prosecution of their common object to commit rioting, formed themselves into an unlawful assembly with the knowledge that they were the members of such assembly. While the defacto complainant and his relatives were returning home after Manjapra Arattu festival, the accused No.2 caught hold of the defacto complainant’s shirt collar and wrongly restrained him, while accused No.1 voluntarily caused hurt to him by hitting him with a sto
Anticipatory bail can be granted where allegations are general and custodial interrogation is not required – Specific and serious overt act attributed to accused disentitles him from anticipatory bai....
The court established criteria for pre-arrest bail, emphasizing the necessity of evidence connecting applicants to the alleged crime, alongside stipulating conditional bail.
Pre-arrest bail granted selectively based on allegations and participation in crime.
Pre-arrest bail granted when the evidence for custodial interrogation is deemed unnecessary and injuries are minor.
Pre-arrest bail granted due to cross-FIR and unnecessary custodial interrogation in mutual assault case.
Pre-arrest bail granted under circumstances showing no serious allegations against the accused, allowing their release subject to conditions.
The court differentiated the involvement of the accused, granting bail to the second applicant based on lack of serious accusations, while denying it to the first applicant due to specific allegation....
The prerequisites for granting pre-arrest bail require the demonstration of special circumstances, particularly when allegations involve serious charges with potential for interference in the investi....
Insufficient evidence against the applicant supports granting pre-arrest bail under the Bharatiya Nagarik Suraksha Sanhita, 2023.
The court grants bail to an accused based on the lack of evidence against them while imposing conditions for investigation cooperation.
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