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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
Sarathlal P. S/o Sivasankaran – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘BNSS’).
2. Petitionersin B.A. No.5582/25 are accused Nos.1 to 6 while petitioners in B.A. No.6028/2025 are accused Nos.10 to 13 in Crime No.147/2025 of Nattukal Police Station registered for the offences punishable under Sections 333, 115(2), 118(1), 3(5), 189(2), 189(4), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita,2023. The 5th accused, who is the 5th petitioner in B.A. No.5582/2025 has already been arrested.
3. The prosecution case is that the accused had, on 09.04.2025, trespassed into the house of the de facto complainant and assaulted him and others and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that petitioners have been falsely arrayed as accused and have no involvement in the alleged crime.
6. The learned Public Prosecutor opposed the bail application and submitted that petitioners are alleged to have assaulted the de facto complainant and others on 09.04.2025 after trespassing into their house. It was further su
The court held that custodial interrogation is not necessary despite serious allegations, allowing pre-arrest bail based on the circumstances of the case.
The Court's discretion for anticipatory bail hinges on the nature of offenses and necessity for custodial interrogation, requiring substantial justification from the State.
Anticipatory bail considerations include the nature of the offence and necessity for custodial interrogation, with the State required to provide substantial justification for such interrogation.
The court ruled that while serious allegations exist, custodial interrogation is not necessary for the accused, allowing pre-arrest bail with conditions.
Court must evaluate the need for custodial interrogation against the nature of allegations when considering bail applications.
Anticipatory bail cannot be granted based on vague allegations or blanket requests, as it undermines the investigation process.
Anticipatory bail can be granted if the proposed accusation stems from ulterior motives, emphasizing the presumption of innocence.
The existence of the victim's existing marriage negates the prima facie basis for allegations of sexual assault under false promise of marriage.
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