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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Abraham Sebastian C/o. Suma Abraham – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita.
2. The petitioner is an accused in Crime No. 9/2025 of Enrakulam Town South Police Station. The above case is registered against the petitioner alleging offences punishable under Secs. 318(4) and 336(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
3. The prosecution case is that, the applicant with an intention to deceive and defraud the complainant and others, claimed to possess a Masters Degree and administered treatment to the complainant at his Dental Clinic at Chirattapalam, Fort Kochi. It is further alleged that the petitioner advertised his fake degree through social media for unjust profiteering and thereby committed the above said offences.
4. Heard Senior Counsel Adv.P.Vijayabhanu as instructed by his retaining counsel. Adv.Saiby Jose Kidangoor, counsel appeared for the defacto complainant and I heard the Public Prosecutor also.
5. The Senior counsel submitted that even if the entire allegations are accepted, the offences alleged are not attracted. The counsel submitted that the petitioner is an experienced Dental Doctor, who is practising at Fort Kochi for about 30 years. The Senior
Bail is the rule and jail is the exception; custodial interrogation is not necessary if the accused cooperates with the investigation.
Bail is the rule and jail is the exception; arrest must be justified and not routine, ensuring personal liberty is respected.
Bail is the rule and jail is the exception; courts must grant bail when warranted, ensuring the accused's right to a fair trial.
Bail is the rule and jail is the exception; personal liberty must be prioritized unless justified by compelling reasons.
The Court granted bail under specified conditions, considering judicial custody and the status of the investigation.
Bail is the rule and jail is the exception; arrest must be justified and not routine.
The court outlines the procedure for pre-arrest bail under the Bharatiya Nagarik Suraksha Sanhita, addressing allegations of fraud and investigative needs.
Bail is the rule and jail is the exception; arrest must be justified and not routine.
Bail can be granted when there is insufficient evidence to justify continued detention and the applicant has no criminal antecedents.
Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.
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