IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Baby Thomas S/o Thomas – Appellant
Versus
State Of Kerala – Respondent
ORDER :
(P.V. KUNHIKRISHNAN, J.)
These Bail Applications are filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS). These Bail Applications are connected and therefore, I am disposing of these cases by a common order.
2. Petitioner in these cases are one and the same. Petitioner was the former President of Iritty Marketing and Agricultural Co-operative Society (for short Society). Crime Nos.670/2024, 671/2024, 672/2024, 673/2024 and 674/2024 is registered by the Aralam Police, against the petitioner and others alleging offences interalia under Sections 318(4), 316(5) and 61 of the Bharatiya Nyaya Sanhita (BNS), 2023.
3. The prosecution case is that, the defacto complainant in these cases, deposited a huge amount in the Society, in which the accused offered huge interest. But, the deposited amount is not disbursed and the interest also is not received. Hence, it is alleged that the accused committed the offence. In two other cases, there is allegation to the effect that the defcato complainants were forced to deposit the amount offering job to their relatives.
4. Heard counsel for the petitioner and the Public Prosecutor.
5. The counsel for the petitioner submitted that, it
Bail is the rule and jail is the exception; justification for arrest must be established, especially in financial misconduct cases.
Bail is the rule and jail is the exception; custodial interrogation was not necessary, allowing bail under stringent conditions.
Pre-arrest bail granted based on insufficient evidence and lack of necessity for custodial interrogation.
Bail is the rule and custodial interrogation must be justified; mere allegations do not necessitate arrest.
Pre-arrest bail granted when insufficient evidence links the accused to the alleged crime, emphasizing presumption of innocence and the necessity for conditions to ensure investigation integrity.
Pre-arrest bail granted when substantial evidence is lacking, ensuring cooperation with the investigation and mandating appearance before authorities.
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 granted due to lack of incriminating evidence, near-complete investigation, and prior bails in connected cases.
The court grants pre-arrest bail when there's insufficient evidence for custodial interrogation, emphasizing accused's cooperation and conditions preventing witness tampering.
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