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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Mubash – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita.
2. Petitioner is the sole accused in Crime No.1215 of 2024 of Parippally Police Station, Kollam. The above case is registered against the petitioner alleging offences punishable under Sections 75(1)(i), 75(1)(ii), 74, 296(b), 127(2), 351(2), and 115(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).
3. The prosecution case is that on 09.09.2024, the accused visited the flat in Katadi Mukku, where the defacto complainant and her family were staying, and found her alone. It is alleged that with intended to inflict harm and subject her to sexual harassment, the accused made coercive sexual advances, promising material benefits in exchange for her co-operation. When the complainant resisted, the accused verbally abused her, locked her in the room, physically assaulted her by grabbing her breasts, slapping her on the cheek, and kicking her to the floor, causing her severe mental anguish and humiliation. Hence it is alleged that the accused committed the offence.
4. Heard counsel for the petitioner, the Public Prosecutor and the counsel appearing for the defacto complainant.
5. Counsel appe
Bail is the rule and jail is the exception; arrest must be justified based on necessity and cannot be routine.
Custodial interrogation not warranted where no prior offences exist against the accused and allegations require scrutiny under laid down provisions.
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 existence of the victim's existing marriage negates the prima facie basis for allegations of sexual assault under false promise of marriage.
The grant of pre-arrest bail is not to be taken lightly, especially when serious charges and ongoing investigations warrant custodial interrogation.
Pre-arrest bail is denied when serious charges indicate a premeditated criminal act, necessitating custodial interrogation to preserve the integrity of the investigation.
Pre-arrest bail granted based on lack of evidence and unexplained delay in filing the complaint.
The principle that bail is the rule and refusal is the exception was underscored, emphasizing the necessity for judicious bail practices.
An application under Section 482 for bail can be denied if allegations are grave and no extraordinary circumstances are presented.
The court affirmed that pre-arrest bail requires substantial justification, balancing the gravity of accusations with the necessity of an ongoing investigation.
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