IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Ajithkumar @ Kanna S/o. Adhichanppan – 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. The petitioners are accused in crime No. 305/2025 of Kottarakkara Police Station. The above case is registered against the petitioners alleging offences punishable under Secs. 126(2), 115(2), 118(1) and 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. The prosecution case is that, due to previous enmity towards the defacto complainant and his friend, on 27.01.2025 at 7 pm, the petitioners reached near the residence of the defacto complainant and took the defacto complainant and his friend on a bike ridden by the 2nd respondent to a place nearby Nagaraja temple and the 1st accused slapped on the face of the defacto complainant and fisted on his face after holding his neck and beat him with a stick. The 1st accused also attacked the defacto complainant's friend. Thereafter, the 3rd accused manhandled the defacto complainant and threatened him that they would set him on fire after pouring petrol. Hence, it is alleged that the accused committed the offences.
4. Heard counsel for the petitioners and the Public Prosecutor.
5. The counsel for the
Arnesh Kumar v. State of Bihar and another
Chidambaram P. v. Directorate of Enforcement
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; 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; arrest must be justified and not routine, especially for non-bailable offences with lesser maximum punishments.
The principle that bail is the rule and refusal is the exception was underscored, emphasizing the necessity for judicious bail practices.
Bail is the rule and jail is the exception; serious allegations do not automatically warrant denial of bail, especially in cases with competing narratives.
The court allows bail when statutory periods elapse without charge completion, citing lack of substantial evidence.
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; serious allegations do not automatically warrant denial of bail, especially in cases with competing narratives.
Bail is the rule and jail is the exception; arrest must be justified, not merely lawful, emphasizing personal liberty.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.