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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ALI AKBAR – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. definition and basis of organized crime (Para 1 , 2 , 3) |
| 2. arguments regarding the necessity of historical charges (Para 4 , 5 , 6) |
| 3. explanation of organized crime elements under bns (Para 9 , 10 , 11 , 12 , 13) |
| 4. judicial precedent on organized crime interpretation (Para 14 , 15 , 16) |
| 5. conclusion on bail application (Para 17 , 18) |
C.S.DIAS,J --------------------------------------------
Bail Application No.6281 of 2024 ---------------------------------------------
Dated this the 13th day of August, 2024
O R D E R
The collateral question that arises for consideration in this bail application is whether an offence of ‘organised crime’, defined under Section 111 (1) of the Bharatiya Nyaya Sanhita , 2023, can be attributed against an accused who has no criminal antecedents.
2. The accused in Crime No.784/2024 of the Kalpakanchery Police Station, Malappuram, has filed the application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023.
3. The factual substratum of the prosecution case is that, on 02.07.2024, at about 10:40 hours, the accused, who is part of an organised crime syndicate, was found in possession of unaccounted money of Rs.4,07,200/-. The a
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