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P. V. KUNHIKRISHNAN
Muhammed Rahees S/o. Ummer – Appellant
Versus
State of Kerala – Respondent
ORDER :
This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita .
2. Petitioner is the accused in Crime No.36/2025 of Kakkoor Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 376 (1) , 376 (2)(n) , 354D (1)(i) , 366 of IPC , 63(1), 63(d)(vi), 64(2)(m), 78(1)(i), 87 of Bharatiya Nyaya Sanhita, 2023 (BNS) and Secs.3(a) , 4 (1) , 11 (iv) and 12 of the Protection of Children from Sexual Offences Act .
3. The prosecution case is that the accused promised to marry the victim and had sexual intercourse with her on several occasions. The victim is a minor girl. Hence, it is alleged that the accused committed the offences.
4. Heard counsel for the petitioner and the Public Prosecutor.
5. The counsel for the petitioner submitted that the allegation against the petitioner is not correct. The counsel submitted that the petitioner is ready to abide any conditions, if this Court grants him bail. The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the victim is a minor girl.
6. This Court considered the contentions of the petitioner and the Public Pr
Bail is the rule and jail is the exception, emphasizing the need for courts to grant bail when warranted, especially when conditions are satisfied.
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 ensure fair trial opportunities while considering the seriousness of allegations and the rights of victims.
Bail is the rule and jail is the exception; courts must ensure that denial of bail is justified, particularly when the maximum sentence is below seven years.
The court granted bail based on the prosecutrix's consent and current status as the applicant's spouse, despite initial charges arising from her minority at the time of the alleged offence.
Bail is a rule and refusal is the exception; courts must grant bail when eligible conditions are met.
Bail is established as the rule and jail as the exception, necessitating the court to grant bail under stringent conditions even for serious allegations.
Bail is the rule and jail is the exception; courts must grant bail when conditions are met, ensuring fair trial rights.
Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.
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