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....
Bail can be granted when no serious overt act is established against accused involved in criminal allegations.
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 may be granted if the applicant is not attributed with specific serious overt acts or the use of weapons, rendering custodial interrogation unnecessary.
Pre-arrest bail granted under circumstances showing no serious allegations against the accused, allowing their release subject to conditions.
Pre-arrest bail is not granted as a matter of course unless a special case is established; serious accusations warrant caution in investigation.
Pre-arrest bail granted due to insufficient evidence for custody.
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....
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