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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SREEKUMAR A.V. SON OF LATE MADHAVA WARRIER – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
(P.V. KUNHIKRISHNAN, J.)
This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita .
2. Petitioner is an accused in Crime No.1889 of 2024 of Kottayam East Police Station, Kottayam. The above case is registered against the petitioner alleging offences punishable under Section 72 of the Information Technology Act , 2000 and Sections 316(2) and 318(2) of the Bharatiya Nyaya Sanhitha ,2023.
3. According to the petitioner, he is an employee of DC Books, Kottayam and he is functioning as Senior Deputy Editor. According to the petitioner, his responsibility is to discharge functions that are entrusted to him by his employer. It is the case of the petitioner that, one Sri. Raghunath, Bureau Chief of the Deshabhimani Daily, Kannur Edition, had sent through the e-mail of DC Books, the matter and material for a book to be published by DC Books relating to the experiences and memories of Sri. E. P. Jayarajan, a prominent leader of the Communist Party of India (Marxist) and a member of its Central Committee and State Secretariat. He was also the convener of the Left Democratic Front. It is the case of the petitioner that, he put up the same before the editorial
The court emphasized the necessity of consent for publication and the principles governing bail, asserting that arrest should not be routine but justified.
Bail is the rule and jail is the exception; justification for arrest must be established, especially in financial misconduct cases.
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
The necessity of written grounds for arrest ensures the rights of the accused and preserves judicial integrity, with procedural lapses not alone determining Bail's validity.
Statutory bail rights under Section 187(2) of the BNSS are applicable when investigation is incomplete beyond prescribed limits.
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