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2024 Supreme(Online)(Ker) 82754

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan, J
.......... .......... .......... – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: K.Rakesh
For the Respondents: Sri.Grashious Kuriakose, ADGP

CR P.V.KUNHIKRISHNAN, J ---------------------------------------

B.A. No. 6068 of 2024 --------------------------------------

Dated this the 16th day of August, 2024

O R D E R

‘Bail is the rule and jail is an exception’ is a settled position of law. But if there are materials to show that an accused is purposefully trying to protract the trial, whether he is entitled to bail, is the question to be decided in this case.

2. Petitioner is the accused in Crime No.442/2019 of the Thodupuzha Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 294 (b), 323, 326, 506(i), 302, 201 and 212 of the Indian Penal Code and Section 75 of the Juvenile Justice (Care and Protection of Children) Act . The petitioner filed this bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita .

3. The prosecution case is that, the 1st accused is a relative of one Biju, who was the husband of the original 2nd accused. Biju died due to a heart attack. Thereafter, the original 2nd accused fell in love with the 1st accused, who is the petitioner herein. Subsequently, the original 2nd accused and the petitioner started to live together in a house

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