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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 :
(P.V. KUNHIKRISHNAN, J.)
This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
2. The petitioners are accused in Crime No.141/2025 of Kunnamkulam Police Station, Thrissur. The above case is registered against the petitioners and others alleging offences punishable under Sections 189(2), 191(2), 191(3), 118(1), 118(2), 110 and 190 of the Bharatiya Nyaya Sanhita (BNS), 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.
4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.
Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.
Right to bail recognized when no significant evidence warrants further detention.
Bail granted based on investigation status and judicial custody duration, subject to conditions.
Bail may be granted where continued detention is not necessary for investigation or public safety.
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.
Bail is the rule and jail is the exception; courts must grant bail when warranted, regardless of the seriousness of allegations.
Statutory bail is due if investigation is incomplete beyond sixty days from arrest, necessitating release upon specified conditions.
The court may grant bail when the investigation is substantially advanced and there exist mitigating circumstances, such as the registration of a counter-case suggesting mutual conflict, provided con....
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