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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.
Courts assess the seriousness of allegations and prior record before granting bail.
Release on bail is warranted where the investigation is almost completed with no criminal antecedents of the applicant.
Seriousness of sexual offenses against vulnerable individuals outweighs bail considerations.
Pre-arrest bail under S. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is discretionary and should not be granted when serious allegations of criminal acts exist, custodial interrogation is req....
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 held that in cases involving allegations stemming from strained past relationships where complaints lack specific overt acts, anticipatory bail may be granted by balancing individual libert....
The existence of the victim's existing marriage negates the prima facie basis for allegations of sexual assault under false promise of marriage.
The court finds no necessity for custodial interrogation, allowing pre-arrest bail due to lack of criminal antecedents and the need for cooperative investigation.
Pre-arrest bail is not granted as a matter of course and requires the demonstration of a special case under S. 482 BNSS, especially when allegations are serious and custodial interrogation is necessa....
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