IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Naseer S/o. Musthafa – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita .
2. Petitioner is the accused in Crime No.1989/2021 of Palakkad Town South Police Station, which is now pending as S.C.No.662/2022 on the files of the Additional Sessions Court-I, Palakkad. The above case is registered against the petitioner alleging offences punishable under Section s 143, 144,147, 148, 341, 302, 120B, 201, 212, 109, 118 , 465 and 471 read with Section 149 of the Indian Penal Code and Section 27(3) read with Section 7(a) (b) of the Arms Act .
3. The prosecution case is that, on 15.11.2021 at about 8.45 P.M. due to political animosity, one Sanjith, a worker of Rashtriya Swayam Sevak Sangh (RSS) was attacked by the accused Nos. 1 to 5 with swords and sticks, while he was travelling along with his wife. Due to the injuries inflicted upon the body of the said Sanjith, he died. The crime was initially registered against the five accused persons and during the course of investigation, the petitioner was also implicated as an accused alleging conspiracy. The petitioner was arrested on 23.12.2021. The petitioner is in custody from that day onwards.
4. Heard counsel for the petition
The principle that 'bail is the rule and jail is the exception' is reinforced, emphasizing the need for timely trials and the protection of personal liberty under Article 21.
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, ensuring fair trial rights.
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 emphasized that a lack of specific overt act against the accused and the completion of the investigation warranted his release on bail despite serious charges.
The right to a speedy trial under Article 21 necessitates granting bail if prolonged detention occurs without substantive progress in proceedings.
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 unless compelling reasons exist to deny it.
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.
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