IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J
G.S PRAKASH S/o LATE GOPINATHAN NAIR – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
These Bail Applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita . These bail applications are connected and therefore I am disposing of these cases by a common order.
2. The petitioner in these bail applications is the accused in different crimes registered by Vanchiyoor Police Station, Thiruvananthapuram. The above cases are registered against the petitioner inter alia under Sections 408 , 409 and 420 read with Section 34 of the Indian Penal Code .
3. The prosecution case in brief is that the defacto complainants in these cases made fixed deposits at Vanchinadu Bhavana Nirmana Sahakarana Sanghom on different occasions from the year 2008 to 2021 and they were offered interest. It is submitted that, even though the depositors received interest for a certain period, subsequently, the depositors did not receive the interest and principal amount. Hence the above cases are registered at the instance of the depositors.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The counsel for the petitioner submitted that, some of the accused were already released on bail by the Sessions Court under Section 482 of the BNSS in so
Chidambaram. P v. Directorate of Enforcement
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; conditions for bail include cooperation with investigation and no further offences.
Bail is the rule and jail is the exception; conditions for granting bail must ensure cooperation with investigation.
Bail is the rule and jail is the exception; justification for arrest must be established, especially in financial misconduct cases.
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; personal liberty must be prioritized unless custodial interrogation is justified.
Bail is the rule and jail is the exception; personal liberty must be prioritized unless justified by serious circumstances.
Bail is the rule and jail is the exception; courts must grant bail when justified, ensuring fair trial rights.
Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.
The court emphasized balancing personal liberty against investigational rights, allowing bail for the elderly petitioner in light of health concerns and no flight risk.
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