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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SUNNY P J – Appellant
Versus
STATE OF KERALA – Respondent
Headnote: Read headnote
O R D E R
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.
2. The petitioner is accused No.2 in Crime No.21/2008 of Palakkad Town South Police Station, Palakkad. The offences alleged against the petitioner and other accused are punishable under Sections 376(g), 365, 354, 323 and 506(i) r/w Section 34 of the Indian Penal Code.
3. The prosecution case, as narrated in the order dated
09.10.2025 of the Fast Track Special Court, Palakkad, reads thus:-
“The victim had lodged a petition against the first accused before the Women’s Cell Office, Palakkad. On 12.01.2008 at 10:00 hours, the victim was proceeding to the said office at Mission School Stop, Palakkad inorder to enquire about the progress in the above petition. Accused Nos.2 to 7, in furtherance of their common in
The court emphasized the necessity of custodial trial due to the severity of allegations and the risk of absconding.
The court emphasizes the seriousness of charges against a senior citizen for an alleged premeditated crime against a minor, denying bail based on the gravity of the offence.
The court emphasized the seriousness of charges against habitual offenders when determining bail eligibility.
The court granted bail based on the lack of evidence against the accused, emphasizing co-operation with ongoing investigations.
The sufficiency of evidence determines entitlement to bail, especially when a co-accused has been granted bail.
The court emphasizes the gravity of the allegations and denies bail based on the serious nature of the accusations and evidence presented.
The court denied bail due to the severity of charges and the vulnerability of the victim.
Seriousness of charges and prior criminal records warrant denial of bail.
The court emphasized the right to bail when the evidence does not substantiate ongoing detention, balancing the interests of justice with the applicant's rights.
Court granted bail based on lack of evidence for continued detention and specific conditions to ensure compliance with the investigation.
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