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K. BABU
P. S. Jayaprakash, S/o. N. Sudhakaran – Appellant
Versus
Central Bureau Of Investigation – Respondent
ORDER :
The petitioners are accused in Crime No.RC7(S)/2021-SC-II/CBI/New Delhi. The petitioners in B.A.No.5109 of 2021 are accused Nos.1 and 2 in the crime. Accused No.4 is the petitioner in Crl.M.C.No.4424 of 2021. The petitioner in B.A.No.5809 of 2021 is accused No.7. Accused No.11 in the crime is the petitioner in B.A.No.5010 of 2021. The petitioner in B.A.No.6502 of 2021 is accused No.17.
2. The petitioners are alleged to have committed offences punishable under Sections 120-B read with Sections 167, 195, 218, 323, 330, 348, 365, 477-A, and 506 of the Indian Penal Code.
Background
3. Sri.S.Nambi Narayanan, a renowned scientist of the Indian Space Research Organization (ISRO), was arrested in a prosecution initiated by the State Police, which was found to be false and baseless. The prosecution resulted in harassment and immeasurable torture of Sri.Nambi Narayanan. The criminal law was set in motion without any foundation by which the liberty and dignity of Sri.Nambi Narayanan and some others, including Ms.Mariyam Rasheeda and Ms.Fauzia Hassan, were put in danger. The State Police failed to take the required care and caution while dealing with an extremely sensitive case.
3.1. The fa
Maxim "actus non facit reum, nisi mens sit rea" - A mere commission of a criminal act is not enough to constitute a crime, and this is more important in case of more serious crimes.
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Grant of Bail - Overstaying in India after the expiry of Visa - Section 438 of the Cr.P.C. is not extraordinary in the sentence that it should be invoked only in exceptional or rare cases.
The registration of multiple FIRs concerning the same incident is barred unless initiated by the court involved in the first FIR, ensuring adherence to procedural safeguards in criminal justice.
Point of Law : By conspiracy, a mere agreement is not enough. Some act or illegal omission must take place in pursuance of the conspiracy and in order to the doing of the thing conspired.
Anticipatory bail – While granting anticipatory bail Court must consider role played by accused in crime.
The judgment emphasizes the importance of considering the nature and gravity of the alleged offences, the role of the accused, and the possibility of false implication when deciding on anticipatory b....
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