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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Gopesh S/o. Gopinathan – 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.88/2025 of Medical College Police Station, Kozhikode. The above case is registered against the petitioner alleging offences punishable under Sections 118(1) of the Bharatiya Nyaya Sanhita (BNS), 2023.
3. The prosecution case is that, on 28.01.2025 at about 08.45 PM, one Mr. Nitheesh who is the defacto complainant herein came to his house and at that time, the accused attacked him and caused injuries using a knife and iron pipe. 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 submitted that the only non-bailable offence alleged against the petitioner is under Section 118(1) of the BNS. The counsel also submitted that the petitioner is ready to abide any condition imposed by this Court, if this Court grants him bail.
6. The Public Prosecutor opposed the bail application. But, Public Prosecutor submitted that, no criminal antecedents is alleged against the petitioner, as per the report received by him f
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; 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 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.
Bail is the rule and jail is the exception; courts must prioritize personal liberty unless compelling reasons justify arrest.
Pre-arrest bail under Section 482 requires a special case; serious allegations necessitate custodial interrogation to protect investigation integrity.
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; serious allegations do not automatically warrant denial of bail, especially in cases with competing narratives.
Pre-arrest bail requires special circumstances; seriousness of the allegations and potential interference justify denial.
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