Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Sheik Navab.s.a – Appellant
Versus
State Of Kerala – Respondent
ORDER :
These Bail Applications are filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. These two bail applications are connected and therefore, I am disposing of these two cases by a common order.
2. The petitioners are accused in Crime No.582/2024 of Malampuzha Police Station, Palakkad. The above case is registered against the petitioners alleging offences punishable under Sections 409 and 420 of IPC.
3. The prosecution case is that the 1st accused is working as Honorary Secretary and later as President as well as member of Board of Directors of Malampuzha I.T.C. Employees Co-operative Sangham. It is the prosecution case that he canvassed the 1st informant and other witnesses to invest money in the above Sangham during the period from 2014 to 2022. Due to the above, the 1st informant and other witnesses have deposited Rs.21,76,135/- in the above Sangham. It is also submitted by the 2nd witness that he deposited Rs.12 lakhs, the 3rd witness deposited 3,55,000/- and the 4th witness deposited Rs.11,75,000/- and a total amount of Rs.49,06,138/- is deposited. To the deposited amounts, receipts were issued. Initially the deposits were renewed including the interest
Bail is the rule and custodial interrogation must be justified; mere allegations do not necessitate arrest.
Bail is the rule and jail is the exception; custodial interrogation was not necessary, allowing bail under stringent conditions.
Bail is the rule and jail is the exception; justification for arrest must be established, especially in financial misconduct cases.
Bail granted based on insufficient reasons for continued detention, despite serious charges; supervisory roles do not exempt from accountability.
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.
The court affirmed the relevance of individual rights and the necessity of bail conditions, emphasizing a prima facie examination in anticipatory bail applications.
The court emphasized balancing personal liberty against investigational rights, allowing bail for the elderly petitioner in light of health concerns and no flight risk.
Anticipatory bail may be granted if there is a prima facie case and based on the nature and seriousness of the allegations.
Bail is the rule and jail is the exception; personal liberty must be prioritized unless custodial interrogation is justified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
