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P. V. KUNHIKRISHNAN
Manikandan N. P S/o, Prakasan N. P. – Appellant
Versus
State of Kerala – Respondent
O R D E R
This Bail Application is Bharatiya Nagarik Suraksha Sanhita (BNSS).
2. Principles of Judicial Discipline while passing orders applies not only to Constitutional Courts, but to the Sessions courts and Magistrate courts also. If a bail application of one of the accused is allowed and if any bail application is the co-accused in the same crime, unless there are su reasons, the bail application of the co-accused shall not be dismissed. Of course, if the allegation against the accused released on bail is less serious compared to the involvement of the other accused, a distinction can be made. But, the Court concerned should give reason while rejecting bail of the co-accused in the same crime, if one of the accused is released on bail. The principle of parity is based on the guarantee of positive equality before law enshrined in Article 14 of the Constitution of India.
3. Petitioner herein is the 8 th accused in Crime No.449/2024 of Vellayil Police Station. The above case is registered against the petitioner and others, alleging o punishable under Sections 126(2), 115(2), 118(1), 118(2), 324(4) read with Section 3(5) of Bharatiya Nyaya Sanhita
The principle of parity in bail applications mandates that if one co-accused is granted bail, others should not be denied without clear justification, emphasizing judicial discipline and personal lib....
Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.
Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.
Bail is the rule and jail is the exception; courts must grant bail when justified, ensuring fair trial rights under Article 21.
Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.
Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.
The principle of parity in bail applications requires careful consideration of the accused's specific role and circumstances, rather than being an absolute basis for granting bail.
Bail is the rule and jail is the exception; courts must grant bail when warranted, regardless of the seriousness of allegations.
Bail is the rule and jail is the exception; courts must grant bail when conditions are satisfied to ensure fair trial rights.
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