IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Muhsin S/o Abdul Rasheed – Appellant
Versus
State Of Kerala – Respondent
ORDER :
1. These Bail Applications are filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. These Bail Applications are connected and therefore, I am disposing of these cases by a common order.
2. Petitioners are the accused in Crime No. 226 of 2025 of Kayamkulam Police Station, Alappuzha. The above case is registered against the petitioners alleging offences punishable under Sections 296(b), 126(2), 132 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. The prosecution case is that on 02.02.2025, the accused used filthy language and assaulted a police officer, who is the defacto complainant herein.
4. Heard counsel for the petitioners and the Public Prosecutor.
5. The counsel for the petitioners submitted that the incident is not happened as alleged by the prosecution. Actually, a road traffic accident occurred in which the petitioner in B.A.No.3290/2025 sustained injury. The police officer came there and acted in a negligent manner without taking any proper action. No such incident as alleged is happened is the submission. It is also submitted that the petitioners are ready to abide by any conditions, if this Court grants him bail.
6. Public Prosecutor opposed
Chidambaram. P v Directorate of Enforcement
Bail is the rule and jail is the exception; courts must prioritize personal liberty unless compelling reasons justify arrest.
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; 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 and not routine, emphasizing the importance of personal liberty.
Bail is established as the rule and jail as the exception, necessitating the court to grant bail under stringent conditions even for serious allegations.
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; courts must grant bail when warranted, ensuring fair trial rights.
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; stringent conditions imposed for bail due to the nature of the allegations and absence of prior criminal history.
The necessity of arrest must be justified by police based on established legal principles, ensuring it is not arbitrary.
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