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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Muhammed Murshid C.T., S/o. Veerankutty – Appellant
Versus
State of Kerala, Represented By Public Prosecutor, High Court of Kerala, Ernakulam – Respondent
ORDER :
These three Bail Applications filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita are connected, and therefore I am disposing of these cases by a common order.
2. Petitioners in B. A No.7812/2024 and 7808/2024 are accused in Crime No.1228/2024 of Kondotty Police Station, Kozhikode. Petitioners in B. A No.9544/2024 are accused in Crime No.806/2024 of Feroke Police Station, Kozhikode.
3. Crime No.1228/2024 is registered by the Kondotty Police based on a complaint filed by the additional 2nd respondent herein. The case of the complainant is that the petitioners, between 9 p.m on 30.08.2024 and 1 p.m. on 01.09.2024, stole 189 mobile phones of various brands valued at approximately Rs.49,35,189/- along with Rs.50,400/- in cash from a mobile and accessory shop owned by M/s. ASHTEL RETAIL INDIA PRIVATE LIMITED where the additional 2nd respondent is the Director. Hence it is alleged that the accused committed the offences under Section 306 read with Section 3(5) of the Bharatiya Nyaya Sanhitha (for short ’BNS’).
4. Crime No.806/2024 is registered by the Feroke Police alleging offences punishable under Section 316(2) and 318(4) of BNS. This case was registered based on the
Custodial interrogation is essential for recovering stolen property, and bail applications are dismissed when allegations lack merit.
Bail is the rule and jail is the exception; arrest must be justified by necessity, emphasizing personal liberty.
The presumption of innocence is fundamental, and bail should not be denied as punishment when a case for bail is made.
A court can grant bail if a party proves settlement and the necessity for further detention is not established.
Bail granted due to lack of incriminating materials, no antecedents, and completed investigation.
Bail is the rule and jail is the exception; custodial interrogation was not necessary, allowing bail under stringent conditions.
Bail granted due to completed investigation, no antecedents, and lack of connecting evidence.
The presumption of innocence must be upheld, and pre-trial punishment is prohibited, allowing bail under specified conditions.
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