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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
Naseer S/o Abdul Rahman Kunju – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. Petitioner is the fifth accused in Crime No.193 of 2025 of Thrikkunnapuzha Police Station, Alappuzha. The offences alleged against the petitioner are those under sections 189(2), 191(2), 191(3), 190, 115(2), 117(2), 118(1), 118(2), 296(b) and 109 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
2. According to the FIR, accused 1 to 7 formed themselves into an unlawful assembly armed with dangerous weapons like iron rods and sword sticks, and attacked the defacto complainant with the intention to murder him, due to the enmity for not withdrawing the case against accused 1 and 5. On 23.03.2025 at around 7.10 P.M., first accused after exhorting to murder the defacto complainant, hit him on his left ribs and when he fell down, the other accused stamped him on various parts of body and the second accused hit him with a sword on the head while the first accused abused him and again hit him with the iron rod on the head and the defacto complainant sustained fracture of the ribs and nasal bone and suffered grievous injuries and thereby the accused committed the offences alleged.
3. Sri. S. Sanal Kumar, learned Senior Counsel instructed by Adv. Amrita Arun learned Counsel for
The court emphasized that bail should be denied in serious cases where there is a risk of witness tampering and where the accused has attempted to evade legal processes.
In serious offences like attempt to murder, anticipatory bail is denied unless allegations are prima facie false or involve police malafides, as it may hinder investigation.
The main legal point established in the judgment is that the grant of bail is the general rule and putting a person in jail is an exception. The court emphasized the presumption of innocence and the ....
Bail is the rule and jail is the exception; courts must grant bail unless compelling reasons exist to deny it.
The court reaffirmed that the presumption of innocence and the right to bail are fundamental, particularly when evidence is insufficient to justify continued detention.
The court emphasized the principle that bail may be granted with conditions to prevent tampering with evidence, while considering the severity of charges against the accused involved.
The main legal point established in the judgment is that bail is the rule and jail is an exception, especially in cases where there is delay in concluding the trial and no conclusive evidence connect....
The principle that 'bail is the rule and jail is an exception' is not absolute, particularly when the accused exhibits behavior that deliberately hinders the trial process.
Presumption of Innocence - A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty.
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