IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Riyas S/o Hussain – 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. Petitioners are accused 1 to 9 in Crime No. 369/2025 of Koduvally Police Station, Kozhikode, registered alleging offences punishable under Sections 189 (2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) of Bharatiya Nyaya Sanhitha, 2023 (for short ‘ BNS ’).
3. According to the prosecution, the defacto complainant, who is a lawyer, was travelling on his motorcycle on 29.04.2025 at about 10:00 p.m., when the accused restrained him and brutally assaulted him and thereby committed the offences alleged.
4. I have heard Sri. Dipu James, the learned counsel for the petitioner, Sri. Ahammed Mizaar V.P., the learned counsel for the defacto complainant as well as Sri. Noushad K.A., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the entire prosecution allegations are false and no such incident as alleged had occurred. It was also submitted that the document produced as Annexure R2(b) is a concocted document, as the date of discharge mentioned in the said document is not correct. It was also submitted that pe
Custodial interrogation is necessary when allegations involve serious injuries to a lawyer as it protects the rule of law and facilitates investigation.
Assaulting a lawyer for performing legal duties necessitates custodial interrogation, underscoring the need to protect the rule of law.
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's discretion for anticipatory bail hinges on the nature of offenses and necessity for custodial interrogation, requiring substantial justification from the State.
Court must evaluate the need for custodial interrogation against the nature of allegations when considering bail applications.
The court held that custodial interrogation is not necessary despite serious allegations, allowing pre-arrest bail based on the circumstances of the case.
An anticipatory bail application cannot be denied solely based on the applicant's criminal antecedents, and cooperation with ongoing investigations can justify granting bail.
Pre-arrest bail granted to accused no.2 on parity with co-accused, subject to surrender for interrogation and strict conditions.
Custodial interrogation must be warranted by substantial evidence; absence thereof justifies granting anticipatory bail.
Abetment of suicide requires clear intent and mental state; mere allegations or references in a suicide note are insufficient without concrete evidence of instigation.
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