IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Rajesh Kumar R.S. S/o. Radhakrishnapillai – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
2. The petitioner is an accused in Crime No.223/2025 of Vallikkunnam Police Station, Alappuzha. The above case is registered against the petitioner alleging offences punishable under Sections 74, 75(1)(ii) and 78(1)(i) of the Bharatiya Nyaya Sanhita (BNS), 2023.
3. The petitioner is a senior Congress Party leader. The prosecution case is that on 11.01.2025 at around 03.00 PM, while the defacto complainant was on her phone in front of her house, the accused approached her and stopped his vehicle. It is alleged that the accused told her to get inside the car to discuss some important political matter and insisted her to get into the car. While discussing the party matter, he groped her right thigh and when she pushed his hand away, he grabbed her left shoulder. The defacto complainant quickly opened the car door and rushed outside. It is also alleged that in February 2024, the accused contacted the defacto complainant to discuss the party programme and invited her to his residence. She visited his residence. The accused was seated in front of the hall, removed the front portion o
Bail is the rule and jail is the exception; arrest must be justified based on necessity and potential impact on personal liberty.
Bail is the rule and jail is the exception; arrest must be justified based on necessity and cannot be routine.
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.
Bail is the rule and jail is the exception; custodial interrogation must be justified based on necessity.
Bail is the rule and jail is the exception; custodial interrogation must be justified based on necessity.
Bail is the rule and jail is the exception; stringent conditions imposed for bail due to the nature of the allegations and absence of prior criminal history.
Bail is the rule and jail is the exception; arrest must be justified and not routine, especially for offences with a maximum punishment of three years.
Bail is the rule and jail is the exception; custodial interrogation is not necessary if there are no criminal antecedents and 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; serious allegations do not automatically warrant denial of bail, especially in cases with competing narratives.
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