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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Hariprasad S – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
2. The petitioners are accused in Crime No.138/2025 of Sooranadu Police Station, Kollam. The above case is registered against the petitioners alleging offences punishable under Sections 296(b), 115(2), 118(1), 126(2) and 190 of the Bharatiya Nyaya Sanhita (BNS), 2023.
3. The prosecution case is that, on 25.01.2025 at 11.30 PM, while the musical entertainment program held in connection with the festival of Anayadi Pazhayidom Narasimha Swami Temple and due to the objections in dancing at the festival site by the defacto complainant, the 1st accused illegally restrained and used abusive words against the defacto complainant and accused Nos.1 and 2 assaulted with hands on the body of the victim. It is further alleged that, 5 identifiable person came there and assaulted the victim. Hence, it is alleged that the accused committed the offence.
4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.
5. The counsel for the petitioners submitted that the only non-bailable offence alleged against the petitioners is under Section 118(1) of BNS. The couns
Bail is the rule and jail is the exception; custodial interrogation must be justified based on necessity.
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; 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; arrest must be justified and not routine, especially for non-bailable offences with lesser maximum punishments.
The principles of anticipatory bail require consideration of the individual's rights and circumstances, emphasizing the presumption of innocence.
The principle that bail is the rule and refusal is the exception was underscored, emphasizing the necessity for judicious bail practices.
Pre-arrest bail may be denied when serious accusations necessitate custodial interrogation to protect the investigative process.
The court determined bail eligibility based on insufficient evidence against the applicants and the de-facto complainant's affidavit supporting bail.
The court distinguishes between the roles of accused in a violent incident to determine qualifications for pre-arrest bail.
The Court grants pre-arrest bail when no substantial evidence connects the applicant to the alleged crime, ensuring procedural safeguards.
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