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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Dipu Jacob, S/O K.L Jacob – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. facts surrounding the bail application. (Para 1 , 2 , 3) |
| 2. arguments regarding allegations of flag insult. (Para 4 , 5) |
| 3. court's analysis on the necessity of custodial interrogation. (Para 6 , 7 , 8 , 9) |
| 4. conditions for granting bail. (Para 10) |
ORDER :
BECHU KURIAN THOMAS, J.
This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).
2. Petitioner is the accused in Crime No.226 of 2025 of Udayamperoor Police Station, Ernakulam, registered for the offences punishable under Section 196 (1)(a) of the Bharatiya Nyaya Sanhita, 2023 [for short, ‘the BNS ’] and Section 2 of the Prevention of Insults to National Honour Act, 1971 [for short, ‘the National Honour Act’].
3. According to the prosecution, the accused, with an intention to promote disharmony, enmity, hatred and ill-will between different communal and political organisations, had kept the Indian Flag near the bathroom of an auditorium by name ‘Jesus Generation’ and also displayed the Indian Flag along with the Pakistan Flag and conducted a religious service and thereby committed the offences alleged.
4. Sri.Rajesh Kumar T.K., the learned counsel for the
The court determined that a lack of prima facie evidence for intent to insult the National Flag or promote disharmony justified granting bail subject to conditions for cooperating with the investigat....
Insulting the National Flag constitutes a serious offence that threatens public order, justifying the denial of bail.
Mere presence at flag hoisting where flag later inverted insufficient for offence under Section 2(4)(l) without evidence of intentional display; cognizance without reasons invalid; proceedings quashe....
The court held that inherent powers under Section 482 Cr.P.C. cannot be used to quash proceedings based on factual disputes, which must be resolved by the trial court.
Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view t....
The court determined the necessity of custodial interrogation, allowing bail with specific conditions to protect the integrity of the investigation.
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.
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