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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J.
C.K. Dinesan S/o Narayana Kurup – Appellant
Versus
State of Kerala, Represented By Public Prosecutor, High Court of Kerala – Respondent
ORDER :
These Bail Applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita. These bail applications are connected and therefore, I am disposing of these bail applications by a common order.
2. Petitioners are accused in different crimes of different Police Stations. The petitioner in B.A. Nos.4615/2025, 4879/2025, 4873/2025, 4580/2025, 4592/2025, 4595/2025, 4598/2025, and 4601/2025 is the accused in Crime Nos. 173/2025, 186/2025, 190/2025, 195/2025, 206/2025, 207/2025, 226/2025 and 252/2025 of Kalpetta Police Station respectively, and petitioner in B.A. No.5304/2025, 5317/205, 5307/2025, 5302/2025 is the accused in Crime No.174/2025, 180/2025, 182/2025 and 183/2025 of Mananthavady Police Station respectively.
3. The brief facts in almost all the cases are as follows:
4. There is an offer from the accused to the victims in these cases that they will provide scooter, home appliances, laptop, water tank, grocery kits etc. with 50% subsidy from CSR fund. Therefore, the victims paid huge amounts to the accused. But the assured articles were not supplied and the amount was also not returned. Therefore, these cases are registered.
5. Heard the learned counsel appeari
The necessity of arrest must be justified by police based on established legal principles, ensuring it is not arbitrary.
The police must justify the necessity of arrest based on established criteria, ensuring adherence to legal principles before detaining individuals accused of crimes punishable by up to seven years.
The necessity of arrest must be justified by police based on specific criteria, ensuring adherence to principles established in prior case law.
The court stressed on following principles laid down by the Apex Court regarding bail and interrogations, ensuring rights of the accused are upheld.
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; custodial interrogation is not necessary if there are no criminal antecedents and the accused cooperates with the investigation.
The court emphasized adherence to guidelines for arrest, ensuring that police do not arrest without necessity and that judicial authorization requires proper justification.
Bail is the rule and jail is the exception; arrest must be justified and not routine, emphasizing the importance of personal liberty.
Bail is the rule and jail is the exception; courts must ensure that denial of bail is justified, particularly when the maximum sentence is below seven years.
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