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Indian Court Judgements Archive

Public, crawlable legal index containing extracted Indian judgments, bench details, statutory citations, and full case text.

Total Records: 93,163•Page 404 of 4659
High Court of Kerala
WP(C) Nos. 464/2023 and 2464/2023

Aslam.T.E & M. Koya v. District Collector, Kozhikode and Others

The petitions challenge notices issued under the Kerala Highway Protection Act, 1999 directing the petitioners to surrender portions alleged to encroach upon highway puramboke. The petitioners contend they were deprived of an opportunity to be heard before a determination of encroachment, and rely on the court’s prior ruling in Sainudheen A.M. and Another v. District Collector and Others (2020 KHC 2534) to assert their right to appear and object under the Act. The learned Senior Government Pleader concedes that the notices can be treated as show cause notices and proposes that the petitioners be afforded an opportunity to appear before the Executive Engineer, Roads Division, Public Works Department, Kozhikode, who issued the notices, after which the proceedings can be completed after hearing and taking note of objections, and, if necessary, by measurement of the properties. On hearing, the court directs that the notices (Ext.P2 in WP(C) No. 2464 of 2023 and Ext.P9 in WP(C) No. 464 of 2023) be treated as show cause notices and that the petitioners mark appearance before the 5th respondent on 31.01.2023 at 11.00 AM. Proceedings will proceed thereafter after considering objections and any measurements. The matter is disposed with directions for due process in the encroachment proceedings.

High Court of Kerala
BAIL APPL. NO. 3952 OF 2025

BAIL APPL. NO. 3952 OF 2025 v. STATE OF KERALA

This Bail Application under section 482 of Bharatiya Nagarik Suraksha Sanhita (BNS) is filed by five petitioners accused in Crime No. 504/2025 of Sasthancotta Police Station, Kollam, challenging non-bailable counts under sections 189(2), 191(2), 296(b), 115(2), 132 and 190 of the Bharatiya Nyaya Sanhita (BNS). The incident, alleged to have occurred on 14-03-2025 during the festival of Sree Dharma Kshetram, Sasthancotta, involved the defacto complainant police sub-inspector being obstructed after directing the accused to move with festival floats; the prosecution contends a serious offence and obstruction of a public servant. The Public Prosecutor opposed anticipatory bail but notes no criminal antecedent. The Court recognises the seriousness but emphasizes lack of antecedents and the spur-of-the-moment nature, and, applying established bail principles, allows bail with stringent conditions. Relying on the Supreme Court precedents, including Chidambaram P. v. Directorate of Enforcement (2019) and Siddharth v. State of Uttar Pradesh (2021), the court reiterates that bail is the rule and jail the exception, and cites Manish Sisodia, Joginder Kumar, Sushila Aggarwal and Anzar Azeez to frame its approach. The order finally directs the petitioners to appear before the IO within two weeks, to submit to interrogation, to provide bonds of Rs. 50,000 with two solvent sureties, to refrain from leaving India, to cooperate, and to comply with weekly appearances, with a view to potential subsequent arrest being handled on bail. The decision is expressly for this bail application.

High Court of Kerala
CRL.MC 16 of 2023

Dr. Aliashraf v. State of Kerala

The petitioner, Dr. Aliashraf, is the 1st accused in C.C. No. 269/2021 on the file of the Judicial Magistrate of the First Class, Tirur, charged with offences under Sections 143, 147 and 269 read with Section 149 IPC and Section 118(e) of the Kerala Police Act, 2011. The incident allegedly occurred on 26 March 2020 when the accused, along with others, formed an unlawful assembly at the Pookayil Juma Masjid in Tirur while a District Collector’s order under Section 144 Cr.P.C. to prevent the spread of COVID-19 was in force. The prosecution contends the act was rash and negligent and could facilitate the spread of infection, justifying the offences. The petitioner’s counsel argues that even if the allegations are accepted, there is no material showing the petitioner or others were suffering from a disease dangerous to life, nor any evidence that the act caused infection, nor that there was a common object or concert of action to commit an offence. The Public Prosecutor maintains that the prohibition order rendered the act unlawful. The High Court, invoking State of Haryana v. Bhajan Lal and its cautions on quashing, holds that the uncontroverted allegations do not prima facie disclose any offence, and accordingly exercises its inherent jurisdiction under Section 482 Cr.P.C. to quash the Final Report and all proceedings against the petitioner; the petition is allowed.

High Court of Kerala
WP(Crl) No.5/2023

Kamalakshi A M v State of Kerala & Others

This is a writ petition (criminal) filed in the Kerala High Court by Kamalakshi A M, the mother of a detenue, challenging a preventive detention order under the Kerala Anti-Social Activities Prevention Act, 2007 (KAAPA). The detention order, issued on 05.05.2022 by the Kannur District Collector under Sec. 3(1) KAAPA, was based on reports from the District Police Chief and involved three crimes, including a case under the Explosives Act. The Government ultimately confirmed the order on 14.11.2022 after Advisory Board consideration. The petitioner contends, among other things, that legible copies of several crucial documents relied upon by the detaining authority were not supplied (Exts. P4–P10, P12), and that Ext. P12 representation was not given proper consideration. The respondents defend the decision-making process, arguing that non-legible copies do not automatically vitiate the process, and that rejection of a detention representation does not necessarily have to be a speaking order, citing Haradhan Saha. The court examined the objections to document legibility, the sufficiency of material before the detaining authority, and the need for real and proper consideration by the Government and Advisory Board. The judgment ultimately held that the impugned detention order and its confirmation were liable to be quashed, directing release and clarifying the currency period for detentions. The matter was disposed with guidance on applicable legal standards and the currency rules for future cases.

High Court of Kerala
CrL.M.C No.7 of 2021

Thampi v. State of Kerala

This is a Kerala High Court Criminal Miscellaneous Case (CrL.M.C. No.7 of 2021) filed by Thampi challenging the Magistrate’s denial of interim custody of four gold ingots seized from Thampi Jewellery in connection with Crime No. 166/1994 of the Thenmala Police Station, under sections 457, 380 and 461 read with section 34 IPC. The underlying prosecution concerns a 1994 night-time theft from the house of Mohammedali, with gold ornaments and other items alleged to have been stolen. Although the police recovered part of the property from the petitioner’s shop, the 1st accused in the original case was acquitted in 2010, and the trial against other accused has been delayed. The petitioner sought interim custody of the gold ingots; the Magistrate dismissed the application on the ground that other accused remained; the Sessions Court refused to condone delay in filing the revision. The petitioner’s counsel relies on Basavva Kom Dyamogouda Patil v. State of Mysore, Sunderbhai Ambalal Desai v. State of Gujarat, and Nagarajan v. State of Kerala, arguing that where property is seized it should not be retained longer than necessary and may be entrusted to the rightful owner with safeguards. The State contends no objection to interim custody. The High Court, applying these principles, directs the Magistrate to reconsider the matter and pass fresh orders within four weeks, set aside Annexures-C and E, and recognizes interim disposition under Section 451 CrPC with appropriate safeguards. The judgment balances owner rights and prosecution needs while emphasizing the need for a fair trial.

High Court of Kerala
A.S No.334 of 2002

A.S No. 334 of 2002

This appeal arises from a suit for return of advance sale consideration charged on the plaint schedule property. Ext A1 is the sale agreement dated 13.02.1997, by which the 1st defendant agreed to convey the property for a total sale consideration of Rs. 2,50,000, with Rs. 2,00,000 stated as advance. The 1st defendant allegedly effected a nominal conveyance in the name of the 3rd defendant through the 2nd defendant as power of attorney, while the 3rd defendant executed another document in favour of the 4th defendant. The genuineness of Ext A1 is challenged by the plaintiffs; the 4th defendant died during suit, and his legal heirs were impleaded as defendants 5 to 8. The trial court decreed return of the advance sale consideration with interest. The appellants (defendants 5 to 8) contend they are bonafide purchasers for value and challenge the creation of any charge on the property. The High Court upheld that Section 55(6)(b) of the Transfer of Property Act creates a statutory charge for the purchase price and, following Ibrayi v Pokken, that protection to bonafide purchasers without notice does not bar this charge. The appeal is allowed in part, with the decree modified to grant Rs. 2,00,000 with 6% interest from the date of suit until realisation, charged on the plaint schedule property, and with no costs. Final order disposes the appeal accordingly.

High Court of Kerala
CRL.M.C. No. 38 of 2023

M/S Jeevan Telecasting Corporation Ltd. v. State of Kerala and Asianet Satellite Communications Ltd.

This Kerala High Court Criminal Miscellaneous Case (Crl.M.C.38 of 2023) arises under Section 482 Cr.P.C. to quash a criminal proceeding linked to a cheque dishonour. The petitioner, Jeevan Telecasting Corporation Ltd. (Petitioner/Accused No.1), contends that the underlying liability has collapsed due to subsequent payments reflected in Annexure A7, leaving no substratum to the complaint in C.C. No. 2584/2016 before the Judicial First Class Magistrate, XII, Thiruvananthapuram. Specifically, two cheques dated 27.06.2014 and 05.07.2014 for Rs. 5,05,620 each were dishonoured, with remittances of Rs. 5,00,000 paid on 11.04.2015 and 21.05.2015, respectively; however, Rs. 5,620 in each cheque remains unpaid. The petitioner argues continuing prosecution would amount to abuse of process of law. The second respondent counters that bank statements do not prove discharge of liability without proper evidence, and the matter must be adjudicated in trial. The court invokes well-established principles from Smt. Nagawwa v. Veeranna Shivalingappa Konjalgi (1976) and other cases to assess when a complaint may be quashed. The court concludes the petition is meritless, upholding that quashing is a drastic remedy and should not stifle legitimate prosecutions. The petition is dismissed, and the case proceeds as per law.

High Court of Kerala
Crl.M.C.No.109 of 2023

Sudheesh v. State of Kerala

Sudheesh, the second accused in Crime No.470/2022 of Kunnamkulam Police Station, challenges an order of the Sessions Court, Thrissur, under Section 36A(4) NDPS Act extending the detention period for investigation by an additional 180 days. The police recovered 10.80 grams of MDMA from a motorcycle on 03.04.2022, and the petitioner was arrested on 04.04.2022, remaining in custody. The investigating officer sought an extension under 36A(4) to complete the investigation; concurrently, the petitioner sought statutory bail since the final report had not been filed within 180 days. Annexure A5 records the Sessions Court’s grant of a further one-month extension. The petitioner contends the 36A(4) petition was filed by the investigating officer, not the Public Prosecutor, and that no specific reasons or progress for the extension were stated, and the accused was not produced before the court when the extension was granted. The Public Prosecutor argues that the large quantity of contraband justifies non-interference, and that investigation has progressed with a final report. The High Court, relying on a Supreme Court decision in Jigar @ Jimmy Pravinchandra Adatiya v. State of Gujarat, holds that failure to produce the accused renders such an order illegal, and quashes Annexure A5. Consequently, the court allows the Crl.M.C and grants bail with conditions, while noting the substantial quantity of drugs but emphasizing procedural defects.

High Court of Kerala
CRL.MC No. 52 of 2023

M/S Jeevan Telecasting Corporation Ltd. v. State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam and Asianet Satellite Communications Ltd.

This is a Kerala High Court criminal misc. case (CRL.M.C. No. 52 of 2023) filed under Section 482 CrPC to quash a complaint (C.C. No. 160/2017) pending before a Judicial First Class Magistrate Court, Thiruvananthapuram. The petitioner, Jeevan Telecasting Corporation Ltd., contends that the alleged debt evidenced by a cheque (Cheque No. 286952 for Rs. 5,89,890) was discharged by subsequent payments, notably Rs. 45,00,000 via RTGS on 23.03.2016, and that the substrate of the complainant’s case no longer exists. The petition argues that continuing the prosecution would amount to abuse of process in light of this discharge. Respondent no. 2 (Asianet Satellite Communications Ltd.) counters that mere bank remittances do not conclusively prove discharge of the cheque liability without examining the bank manager and without further evidence; the payments claimed under an agreement were said not to cover the liability, and the matter should be decided after evidence is led in the trial. The court notes that no counter statement was filed by the second respondent and proceeds to evaluate the legal test set out by the Supreme Court on quashing criminal proceedings, including Nagawwa principles. Ultimately, the court dismisses the petition, holding that the substratum remains and the prayer to quash is meritless.

High Court of Kerala
AS No. 379 of 2002

Kerala Financial Corporation v Cherakkadath Sabira and Others

This Kerala High Court judgment in AS No. 379 of 2002 arises out of OS 53/1997 (Suit for declaration of title and injunction) filed by Cherakkadath Sabira against Kerala Financial Corporation and others. The trial court had decreed in Sabira’s favour, holding that the plaintiff had title to the plaint schedule property and that the 4th defendant, Kerala Financial Corporation (KFC), could recover the debt by attachment. The 4th defendant challenged Ext A1, a sale deed dated 18.06.1984, contending it was a sham document and that the plaintiff’s title was not established; Ext A3 confirmed Sabira’s subsequent gift from the 7th defendant in 1990. The High Court, upon hearing, found that the trial court erred in not properly evaluating whether Ext A1 was a sham document, particularly given the close kinship among the parties (5th and 6th defendants are father and son; 7th is son-in-law; the plaintiff is the granddaughter of the 6th defendant). The court noted that Ext B5 and B5(a) encumbrance certificates did not reflect Ext A1, raising questions about the title chain. Citing Naduvatheyath Sulochana v. Syndicate Bank, Thalassery, the Court directed that the question of shamness be properly assessed. Consequently, the appeal is allowed, the decree and judgment of the trial court are set aside, and the suit is remanded for fresh disposal with fresh notices as needed.

High Court of Kerala
CRL.A NO. 9 OF 2023

Shanavas @ Aluva v. State of Kerala

This High Court of Kerala, Ernakulam, heard Crl.A No. 9 of 2023 challenging a Special Court for SC/ST (PoA) Act case (Crime No. 2002/2022, Punalur Police Station). The appellants, accused Nos. 3, 6, and 7, sought bail under Section 14A(2) of the SC/ST (POA) Act. The prosecution alleged that on 13.11.2022, non-SC/ST individuals formed an unlawful assembly at Muzavarikkunnu, Aluva colony, attacked a member of the SC defacto complainant’s family, and caused injuries to the brother of the defacto complainant, with the intent to kill. The 1st accused allegedly assaulted the defacto complainant as well. The charges included offences under IPC (sections 143,144,147,148,452,324,326,308,294(b),506(ii),354, r/w 149), and Section 27 of the Arms Act, along with Section 3(2)(v) and other provisions of the SC/ST (POA) Act. The Special Court denied bail on grounds of potential witness intimidation and risk to evidence, citing the 1st accused’s criminal history. The Public Prosecutor argued seriousness and habituality. The High Court perused the case diary and noted that the 1st accused had an extensive criminal record; however, accused Nos. 6 and 7 had no reported antecedents and the investigation progressed. The Court, while confirming the denial of bail for the 3rd accused, granted bail to accused Nos. 6 and 7 with conditions, including bonds, sureties, non-interference with witnesses, travel restrictions, passport surrender, and a prohibition on committing new offences during the bail period.

High Court of Kerala
WP(C) Nos. 73 of 2020, 126 of 2020, 97 of 2020, 100 of 2020

M.A. Latheef v. Appellate Authority under the Payment of Gratuity Act, 1972; Controlling Authority (Deputy Labour Commissioner), Kannur & Regional Joint Labour Commissioner, Kozhikode; Pallikkere Islamic Education Society

These connected writ petitions (WP(C) Nos. 73/2020, 126/2020, 97/2020, 100/2020) involve M.A. Latheef, Secretary of Pallikkere Islamic Education Society, challenging gratuity orders under the Payment of Gratuity Act, 1972, issued in favour of teachers who claimed gratuity. The Controlling Authority held that the teachers were employees and the society an employer, directing gratuity payments based on last drawn wages and service periods. The Appellate Authority dismissed the appeals on the ground that they were filed beyond the statutory period under Section 7(7). A prior common judgment dated 22.03.2019 in WP(C) No. 2198/2018 and connected cases had set aside the cheque orders on terms and directed disposal of the appeals within a time frame. The present judgment treats the Act as a liberal social-welfare statute and emphasizes that it should be liberally construed. The Court notes the petitioners’ failure to adduce contrary materials and that the respondents had produced evidence of service and remuneration supporting gratuity entitlement. It concludes there is no error in the impugned orders and declines to remand. The writ petitions are dismissed with no order as to costs, underscoring the Act’s protective purpose and the need for proper records and evidence in gratuity claims.

High Court of Kerala
WP(C) NO.12325 OF 2025

null

The Kerala High Court, in WP(C) No. 12325 of 2025, deals with the plight of retired employees represented by a large group of petitioners who seek directions to the 3rd respondent (EPFO) to process their Joint Option Forms in light of the Supreme Court’s decision in Employees Provident Fund Organisation v. Sunil Kumar B. and others. The petition hinges on the 2014 amendments to the Pension Scheme, particularly G.S.R. 609(E) dated 22 August 2014, and the interplay between pre-amendment para 11(3) and post-amendment para 11(4). The Court reads down the provisions for applying the amended Pension Scheme to exempted establishments and holds that transfer of funds and option rights should be interpreted to protect employees who were eligible to exercise options before or after amendments. The judgment cites Sunil Kumar B. (supra) to justify extending the window for exercising options and to permit processing of Joint Options, noting that the earlier post-amendment regime faced validity concerns resolved by the Supreme Court’s direction. The court also directs the authorities to adjust contributions (1.16%) and to suspend that provision for a defined period, while keeping the rest of the amended scheme in effect, and uses Article 142 to grant time for implementing these directions.

High Court of Kerala
WP(C) NO. 24285 OF 2011

K.P. Mohanan Kadavath Purayil v. Kerala State Electricity Board

The petitioner, K.P. Mohanan Kadavath Purayil, proprietor of Sreekrishna Bricks at Pariyaram, challenges the Kerala State Electricity Board’s demand notices (Exts. P12, P13, P14) arising after the dismantling of his electricity service. The connection was initially effected on 22-01-2001 and dismantled in May 2005. The petitioner alleges that, as per Ext. P3, all dues including February 2003 were paid prior to dismantling, and that a defective meter caused a short circuit burning the meter soon after installation (Ext. P2). There was no active meter or service between March 2003 and September 2004; a burnt meter was replaced and reconnection effected on 5-10-2004, with dismantling occurring in 5-2005. Nevertheless, Ext. P5 demanded Rs. 1,02,724 plus surcharges; Exts. P6–P11 document a sequence of complaints and court interventions, including an order directing payment of Rs. 20,000 (which was paid), and subsequent orders culminating in Exts. P12–P14 reflecting further demands. The petitioner contends that the licensee cannot levy charges for the period of disconnection (no connection or meter) and that refunds are due for excess charges and surcharges. The respondent licensee’s actions are challenged as improper under the applicable statutes. The court cites Mohammed Haji K. v. Asst. Engineer (Electrical Section), Kannur (2014 (4) KHC 272) to emphasize proper appellate governance under Sec. 127 of the Electricity Act, 2003, and ultimately directs remittal to a properly constituted Appellate Authority for merits-based consideration, quashing Exts. P12–P14 and proceeding to refer Ext. P6 for reconsideration.

High Court of Kerala
WP(C) NO. 12269 OF 2025

Anaswara T A and Others v. State of Kerala and Others

This petition challenges the MBBS fee fixation for the academic year 2024-25 and subsequent years, raised by 50 NEET-qualified candidates in Kerala. The first phase allotment for MBBS admission was notified on 29-08-2024 by the Commissioner of Entrance Examination, directing provisional payment of fees subject to final fixation. PK Das Institute of Medical Sciences (5th respondent) publicly announced MBBS fees (Ext. P3) with open merit at Rs 7,05,805, special fee Rs 1,04,805 and hostel Rs 2,01,480 for year 1; from year 2 onward, special fee Rs 38,650 and hostel Rs 1,86,360, all subject to fixation by the Fee Regulatory Committee (3rd respondent). The circular Ext. P9–P12 and subsequent actions culminated in a February–March 2025 notification fixing a much higher fee structure (Ext. P9–P12) triggering further petitions. The petition contends admissions without prior approval of the FRC, non-disclosure of requisite documents, and a lack of transparency in fee fixation. The petitioners relied on the doctrine of legitimate expectation and argued that the FRC’s order was inconsistent with the Act and policy, while the respondents argue the FRC properly exercised its statutory authority under the 2006 Act (Sections 6(4), 11(e), and 11(2)) and that the writ court cannot act as an appellate authority under Article 226 of the Constitution. The High Court ultimately held that the FRC’s findings were in line with the Act, and dismissed the petition.

High Court of Kerala
BAIL APPL. NO. 4359 OF 2025

Girish R v State of Kerala

The High Court of Kerala at Ernakulam heard Bail Application No. 4359 of 2025 concerning Crime No.151/2025 of Nenmara Police Station. The petitioner, Girish R, aged 33, is accused under sections 329, 326(g), and 351(2) of the Bharatiya Nyaya Sanhita (BNS). The prosecution alleges that on 27 February 2025 in Chennai, the defacto complainant’s son murdered Sajesh, a relative of the petitioner, and that on 2 March 2025 the accused trespassed into the complainant’s house and set it on fire, thereby committing mischief and related offences. The petitioner has been in custody since 04 March 2025. The Public Prosecutor stated there is no criminal antecedent per the IO report, though the incidents are serious. The petitioner’s counsel submitted that the accused is in custody for an appreciable period and is willing to abide by stringent conditions if bail is granted. The court acknowledged the seriousness but held that indefinite incarceration is unnecessary, stressing that bail is the rule and jail the exception in line with established jurisprudence. It cited judgments including Chidambaram P. v. Directorate of Enforcement, Jalaluddin Khan v. Union of India, Manish Sisodia v. Directorate of Enforcement, and Anzar Azeez v. State of Kerala to reinforce the principle that bail should be granted where appropriate. The order then grants bail subject to conditions: bond of Rs.50,000 with two solvent sureties, appearance before the IO, no inducement or threats, travel restrictions, and prohibition from committing a similar offence; the court notes observations herein are confined to the bail petition and bail can be canceled for breach. The bench reiterates the settled maxim that bail is the rule and jail is the exception.

High Court of Kerala
Bail Appl. No. 3900 of 2025

Abhilash L.N v. State of Kerala

The petitioner, Abhilash L.N, aged 42, is the accused in VC No.03/2024/SRT of the Vigilance and Anti-Corruption Bureau, Southern Range, Thiruvananthapuram, facing charges under IPC sections 406, 409 and 420 and under the Prevention of Corruption Act, 1988 (sections 7(c) and 13(1)(a) read with 13(2)). He seeks pre-arrest bail under section 482 CrPC. The prosecution alleges he, while serving as a supervisor at Agro Super Bazaar under Kerala Agro Industries Corporation, manipulated cash and bank accounts via a software, diverting large sums into his account and misappropriating Rs.66,11,330, later returning Rs.14,25,000. Earlier, he moved Crl.M.C.No.1685 of 2022 seeking anticipatory bail; the Sessions Court dismissed it, noting the necessity of custodial interrogation. The petitioner argues he has been available since 2022, was not summoned promptly, and his reinstatement after departmental action indicates innocence, making custodial interrogation unnecessary. The Senior Public Prosecutor counters that the modus operandi and ongoing investigation require custodial interrogation, and that the partial repayment does not negate guilt. The High Court references Siddharam Satlingappa Mhetre v. State of Maharashtra for bail parameters and emphasizes that the petitioner’s continued availability, cooperation and lack of flight risk favor granting pre-arrest bail with conditions. The Court ultimately allows the petition, subject to specified conditions, balancing investigation needs with the petitioner’s liberty.

High Court of Kerala
BA No.4290 of 2025

Reshmi, Abhin and Sunila v. State of Kerala

This is a Kerala High Court bail application (BA. No. 4290 of 2025) filed by three accused in Crime No. 457/2025 of Paravoor Police Station, Kollam, under the Bharatiya Nyaya Sanhita, 2023 (Sections 329(3), 126(2), 118(1), 118(2), 303(2) and 3(5)). The petitioners—Reshmi, Abhin, and Sunila—contend that the allegations, though grave, do not justify preventive detention, and the petitioners should be granted bail with stringent conditions in light of the presumption of innocence and the necessity to secure a fair trial. The first petitioner is a woman who cohabited with the de facto complainant for seven years, with a child reportedly in the relationship; the second petitioner is 17 years old; the third petitioner is a friend of the first petitioner. The prosecution alleges trespass, tying the complainant’s legs, pouring on the eyes, and causing grievous injuries after an altercation linked to alleged enmity. Counsel for petitioners and for the Public Prosecutor and the de facto complainant argued on the balance of individual liberty and public interest, citing precedents that bail is the norm and arrest is the exception, subject to jurisdictional safeguards. The judge relies on Supreme Court authorities to endorse bail with conditions, including appearance before the IO, non-evading bonds, no leave without permission, and no further offences. The order grants bail with stringent conditions and retains power to cancel if violated, emphasizing personal liberty and the presumption of innocence while balancing public interest and ongoing investigation.

High Court of Kerala
BA No.4297 of 2025

Athul Krishna K.S. v. State of Kerala

This is a bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in BA No.4297 of 2025 arising from Crime No.468/2025 of North Paravur Police Station, Ernakulam. The petitioner, Athul Krishna K.S., is accused along with another of offences under Sections 118(1), 118(2) and 3(5) BNSS, 2023. The prosecution alleges that on 16.03.2025, during a temple festival, the accused and another attacked the defacto complainant with a granite stone and glass, causing injuries including a nasal fracture; the wound certificate notes the smell of alcohol. The petitioner contends he did not commit the offense and is willing to comply with any conditions for bail. The Public Prosecutor opposes bail, though notes absence of criminal antecedents. The Court, after considering the temple setting, the nature of injuries, and lack of antecedents, finds no justification to refuse bail and grants bail with stringent conditions. Relying on authorities emphasizing bail as the rule and jail as the exception (Chidambaram P. v. Directorate of Enforcement; Siddharth v. State of UP; Joginder Kumar; Manish Sisodia; Anzar Azeez; Sushila Aggarwal), the Court lays down a structured set of conditions to safeguard the investigation and public interest while ensuring the accused’s fair trial.

High Court of Kerala
BA No.4358 of 2025

Abdul Hameed Anakkaran Thayale Purayil v. State of Kerala

This is a bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, before the Kerala High Court, BA No.4358 of 2025, by Abdul Hameed Anakkaran Thayale Purayil, accused in Crime No.894/2023 of Chandera Police Station, Kasaragod, presently under investigation by the Crime Branch, Kozhikode. The prosecution alleges offences under Section 420 IPC, arising from an arrangement in which the Managing Director and the Chairman of M/s Fashion Gold International Private Limited induced the defacto complainant to deposit a substantial sum, promising profits that were not realized and an amount not returned. The petitioner contends that he too deposited a large amount and is a victim, and he is willing to comply with any conditions the Court may impose; Annexure-A3 shows that he has already been granted bail in connected cases. The Public Prosecutor opposes the bail. The court, after hearing counsel for both sides, notes established jurisprudence that bail is the rule and jail the exception, and relies on decisions including Chidambaram P v Directorate of Enforcement, Siddharth v State of Uttar Pradesh, Manish Sisodia v. CBI, Anzar Azeez v. State of Kerala, Sushila Aggarwal v. State (NCT of Delhi), and Joginder Kumar v. State of UP to frame the approach for bail in this case. On these principles and the facts, the bail application is allowed with stringent conditions, reflecting a balance between liberty and fair trial protection: appearance before the IO within two weeks for interrogation; bond of Rs.50,000 with two solvent sureties; ongoing cooperation; restriction on travel; no offences of similar nature; and potential cancellation if conditions are breached. The order is confined to bail considerations under BNSS 2023 and does not express any final on merits of the substantive accusation.