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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Shine Joboy S/o. Joboy – 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 the accused in Crime No. 46/2025 of Anchalumoodu Police Station. The above case is registered against the petitioners and another alleging offences punishable under secs. 296 (b), 115(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. The prosecution case is that on 05.01.2025 at 4.45 pm, the petitioners along with other unidentified persons assaulted the defacto complainant, who is a boatman at Kollam DTPC Kureepuzha, due to the vengeance that the complainant said that he would not be able to permit to travel in the boat after the allotted time.
4. Heard counsel for the petitioners and the Public Prosecutor.
5. The counsel for the petitioners submitted that the only non bailable offence alleged is under Sec. 118(1) of the BNS. The counsel submitted that no serious injury is sustained to the injured. The counsel also submitted that the petitioners are ready to abide any conditions, if this Court grants him bail. The Public Prosecutor opposed the bail application.
6. This Court considered the contentions of the petitione
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; 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 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 and not routine, especially for offences with a maximum punishment of three years.
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 prioritize personal liberty unless compelling reasons justify arrest.
Bail is the rule, with imprisonment being an exception; justifications for arrest must be clearly established.
Bail is established as the rule and jail as the exception, necessitating the court to grant bail under stringent conditions even for serious allegations.
The court determined bail eligibility based on insufficient evidence against the applicants and the de-facto complainant's affidavit supporting bail.
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