IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Vineeth.K, S/o. Kunhiraman – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Bail Application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita.
2. Petitioners are the accused in Crime No.146/2025 of Adhur Police Station, Kasargode. The above case is registered against the petitioners and others alleging offences punishable under Sections 118(1) & 110 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. The prosecution case is that the accused, because of their enmity towards the defacto complainant as he kicked on the platform erected for a Holy Basil situated in front of the Toddy shop, assaulted the defacto complainant from opposite to the toddy shop at Kanathur in Muliyar Village on 26.02.2025 at 12.00 noon. The 1st accused assaulted the defacto complainant by beating with Nanjek on his head. Thereupon, at around 12.30 pm the accused 2 to 4 who reached the place as informed by the 1st accused followed by the defacto complaint and assaulted him by using sticks at Ambalam Road. The accused assaulted as above by beating on the nose and head of the defacto complainant. Hence it is alleged that the accused committed the above said offences.
4. Heard the learned counsel appearing for the petitioners and the learned P
Bail is the rule and jail is the exception; serious allegations do not automatically warrant denial of bail, especially in cases with competing narratives.
Bail is the rule and jail is the exception; serious allegations do not automatically warrant denial of bail, especially in cases with competing narratives.
Bail is the rule and jail is the exception; courts must prioritize personal liberty unless compelling reasons justify arrest.
Bail is the rule and jail is the exception; stringent conditions imposed for bail due to the nature of the allegations and absence of prior criminal history.
Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.
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.
Bail is established as the rule and jail as the exception, necessitating the court to grant bail under stringent conditions even for serious allegations.
Bail is the rule and jail is the exception; custodial interrogation must be justified based on necessity.
Bail is the rule and jail is the exception; arrest must be justified based on necessity and cannot be routine.
Bail is the rule and jail is the exception; arrest must be justified and not routine, emphasizing the importance of personal liberty.
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