IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Aneesh S S/o. Sali – 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.240/2025 of South Police Station, Alappuzha. The above case is registered against the petitioner alleging offences punishable under Sections 115(2) , 118(1) , 296(b) , 117(2) and 351(2) of the Bharatiya Nyaya Sanhita ( BNS ), 2023.
3. The prosecution case is that, on 13.02.2025 at about 08.45 PM, the petitioner publicly consumed alcohol in Kannitta Boat Jetty. When the defacto complainant, who is the Lasker of Water Transport Department, questioned the act of the petitioner, he abused and began to attack the defacto complainant. The petitioner hold head of the defacto complainant and hit against the pillar of the boat jetty and beat on his cheek. He hit on the nose and stamped on the chest of the defacto complainant. When the defacto complainant tried to escape from there, the petitioner hit on his right shoulder with a stick and threatened him. Hence, it is alleged that the accused committed the offence.
4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
5. The counsel for the petitioner subm
Arnesh Kumar v. State of Bihar and Another
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; arrest must be justified and not routine, especially for non-bailable offences with lesser maximum punishments.
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; custodial interrogation must be justified based on necessity.
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.
The court emphasizes the seriousness of the allegations and the necessity of preserving the investigatory process, denying anticipatory bail.
Bail is the rule, with imprisonment being an exception; justifications for arrest must be clearly established.
The principles of anticipatory bail require consideration of the individual's rights and circumstances, emphasizing the presumption of innocence.
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; stringent conditions imposed for bail due to the nature of the allegations and absence of prior criminal history.
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