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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Sajeesh S/o Balakrishnan – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. accused in serious assault case (Para 2 , 3 , 4) |
| 2. counsel for petitioners argues (Para 5) |
| 3. public prosecutor opposes bail (Para 6) |
| 4. court considers petitioners' situation (Para 7) |
| 5. bail is the rule (Para 8 , 9 , 10) |
ORDER :
This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
3. The prosecution case is that, on 26.01.2025 at 07.30 PM, the accused Nos.1 to 8, found themselves into an unlawful assembly possessing dangerous weapons, in furtherance of their common object to assault the defacto complainant due to prior enmity, beat him with iron pipe bars and other dangerous weapons on his head, face and nose and the injured sustained three fractures. Hence, it is alleged that the accused committed the offence.
5. The counsel for the petitioners submitted that the petitioners are in custody from 04.02.2025. The counsel submitted that there is six days delay in filing the First Information Statement. The counsel also submitted that the petitioners are ready to abide any conditions imposed by this Court, if this Court grants them bail.
7. This Court considered the contentions of the petitioners and the Public Prosecutor
Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.
Bail granted based on investigation status and judicial custody duration, subject to conditions.
Bail is the rule and jail is the exception; courts must ensure fair trial opportunities while considering the seriousness of allegations and the rights of victims.
The court allows bail when statutory periods elapse without charge completion, citing lack of substantial evidence.
Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.
Statutory bail is due if investigation is incomplete beyond sixty days from arrest, necessitating release upon specified conditions.
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.
The court emphasized the rights of the accused to seek bail when lacking substantial evidence for continued detention.
Bail is the rule and jail is the exception; courts must grant bail when a case is made out, ensuring fair trial rights.
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