IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Anil T K, S/o Thampi – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
2. Petitioner is the accused in Crime No.504/2025 of Chadayamangalam Police Station, Kollam. The above case is registered against the petitioner alleging offences punishable under Sections 126(2), 351(2), 115(2), 296(b), 118(1) and 118(2) of the Bharatiya Nyaya Sanhita (BNS), 2023.
3. The prosecution case is that, when the defacto complainant women, a collection agent of Vanchinad Finance, Vayakkal reached the house of the petitioner/accused on 27.03.2025 at 04.30 PM along with branch manager Rahul for cash collection from the petitioner's mother Latha, the petitioner used abusive words towards the defacto complainant and beat Rahul with a stick and kicked him, and also threatened him. It is also alleged that the petitioner pelted a stone towards them and thereby the defacto complainant sustained injury on her right hand, and in the X-Ray found a hairline fracture on his right index finger. Hence, it is alleged that the accused committed the offence.
4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
5. The counsel for the petitioner
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; serious allegations do not automatically warrant denial of bail, especially in cases with competing narratives.
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 the rule and jail is the exception; courts must prioritize personal liberty unless compelling reasons justify arrest.
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; courts must ensure that denial of bail is justified, particularly when the maximum sentence is below seven years.
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; courts must grant bail when conditions are met, ensuring fair trial rights.
Bail is the rule and jail is the exception; arrest must be justified based on necessity and cannot be routine.
The principle that bail is the rule and refusal is the exception was underscored, emphasizing the necessity for judicious bail practices.
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