IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Joseph S/o Paul – Appellant
Versus
State Of Kerala – Respondent
ORDER :
(P.V. KUNHIKRISHNAN, J.)
This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita .
2. Petitioners are the accused in Crime No.160 of 2025 of Changamanad Police Station, Ernakulam. The above case is registered against the petitioners alleging offences punishable under Sections 189(2), 191(2), 196(b), 351(2), 126(2), 115(2), 121(1) and 190 of the Bharatiya Nyaya Sanhita (for short 'BNS'), 2023.
3. The prosecution case is that on 21.02.2025 at about 11:35 p.m., the accused persons formed themselves into an unlawful assembly stood in front of the police vehicle restraining movement of the vehicle and uttering obsence words against the police officers. It is also alleged that the accused physically assaulted the police officers. Hence it is alleged that the accused committed the offence.
4. Heard counsel for the petitioners and the Public Prosecutor.
5. Counsel appearing for the petitioners submitted that the allegations against the petitioners are not correct. The counsel submitted that there is serious pollution problem. The local panchayat initiated steps to clear the waste. Even though several communications were sent to the police for assistance. Th
Chidambaram. P v Directorate of Enforcement
Bail is the rule and jail is the exception; arrest must be justified, not merely lawful, emphasizing personal liberty.
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; courts must grant bail unless compelling reasons exist to deny it.
Bail is the rule and jail is the exception; arrest must be justified based on necessity and cannot be routine.
The denial of pre-arrest bail was justified due to prima facie evidence of involvement in unlawful assembly and obstruction of official duties.
Bail granted based on investigation status and judicial custody duration, subject to conditions.
Bail is the rule and jail is the exception; serious allegations do not automatically warrant denial of bail, especially in cases with competing narratives.
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; courts must grant bail when conditions are satisfied to ensure 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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