'Arrest & Detention Not To Be Taken As Luxury By Prosecution': Kerala High Court While Granting Pre-Arrest Bail To Four
3 years, 4 months ago

'Arrest & Detention Not To Be Taken As Luxury By Prosecution': Kerala High Court While Granting Pre-Arrest Bail To Four

Live Law  

The Kerala High Court, while granting pre-arrest bail to four men accused of assault, ruled that once the purpose of arrest and interrogation are fulfilled, applicants should not be denied anticipatory bail. Brief Background: The Court was considering anticipatory bail applications moved by four men accused of brutally assaulting the defacto complainant on the ground that he let his dog relieve itself near a paddy field. Relying on Dr. Subhash Kashinath Mahajan v. State of Maharashtra, the Court noted that the bar under Section 18 of the Act to grant anticipatory bail is not absolute and it would apply only if prima facie case of commission of offences under the Act are made out. "Of course, if there is foolproof prima facie case attracting offence under the Act, the embargo under Section 18 will come into play.merely for the reason that he had stated that he belongs to Hindu Vettuva community unless overwhelming reasons are made, the provisions of the said Act cannot be invoked."

History of this topic

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case
18 hours, 37 minutes ago
Investigating Officer Must Be Given 'Free-Hand' While Probing Case Involving Serious Allegations: Andhra Pradesh High Court
6 days, 16 hours ago
Accused goes abroad after getting bail, anticipatory bail rejected
1 week ago
Preventive Detention Order To Be Quashed When Passed Without Considering Bail Granted By Magistrate : Supreme Court
1 week ago
Kerala HC expresses concern over rise in drug-related cases in State
1 week, 4 days ago
Subsequent Bail Pleas Arising Out Of Same FIR Should Be Listed Before Roster Judge: Madras Hight Court Clarifies
1 week, 4 days ago
'Courts Shouldn't Hesitate To Deny Liberty To Accused If Necessary For Corruption-Free Society' : Supreme Court Denies Anticipatory Bail
1 week, 4 days ago
Preventive Detention Cannot Be Used As A Short-Cut Method When Cancellation Of Bail Is An Available Remedy: J&K High Court
1 week, 4 days ago
A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences
1 week, 5 days ago
Madhya Pradesh HC: Absconders Can Seek Anticipatory Bail
2 weeks, 2 days ago
BJP leader PC George granted bail by Kerala court in hate speech case
Trending News
2 weeks, 3 days ago
Anticipatory Bail Application Maintainable Against Arrest Under GST Act : Supreme Court Overrules Its Previous Judgments
2 weeks, 4 days ago
Misleading ads: 26 cases filed against Baba Ramdev in Kerala courts so far
2 weeks, 4 days ago
Bail granted to alleged mastermind of dacoity attempt case
2 weeks, 5 days ago
No Relief For BJP Leader PC George For Calling 'All Muslims Terrorist' As Kerala HC Refuses Bail
3 weeks, 3 days ago
Hate speech case: Kerala High Court dismisses anticipatory bail plea of BJP leader P.C. George
3 weeks, 3 days ago
HC flays P.C.George for repeating hateful speeches despite the bail condition not to do so
1 month ago
Kerala High Court Grants Bail To Man Booked For Sexually Abusing Granddaughter, Notes His Custody Was Causing Further Trauma To Victim
Trending News
1 month ago
"Don't Arrest": Kerala High Court In Congress Leader Laly Vincent's Plea Seeking Anticipatory Bail In CSR Scam Case
1 month, 1 week ago
When Delay In Trial Is Solely Due To Prosecution's 'Lethargy', Personal Liberty Overrides S.37(1)(b) Of NDPS Act: Kerala HC Grants Bail
1 month, 1 week ago
Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court
1 month, 1 week ago
Kerala Court Issues Non-Bailable Warrants Against Baba Ramdev
1 month, 2 weeks ago
Kerala HC Grants Anticipatory Bail To Reporter TV Editors In POCSO Case, Says 'Inappropriate Questions' To Child Should Have Been Avoided
1 month, 2 weeks ago
Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017
1 month, 2 weeks ago
Anticipatory bail granted to five persons accused of abducting Koothattukulam councillor
1 month, 2 weeks ago
Supreme Court Imposes Rs 2 Lakh Cost On Petitioner Over Repeated Bail Applications, Asks Police To Arrest Him
1 month, 3 weeks ago
Parity Necessary To Maintain Judicial Discipline, Co-Accused In Same Crime Entitled To Bail Unless Sufficient Reasons Given For Denial: Kerala HC
1 month, 3 weeks ago
Kerala HC grants anticipatory bail to man booked under SC
2 months ago
Kerala drug case accused may be saved from unusual bail condition of standing in public with anti-narcotics placard
2 months ago
Madras High Court: Bail depends on nature of crime, not jail term served
2 months ago
Right To Speedy Trial Not A 'Free Pass' For Undertrial To Be Released On Bail: Delhi High Court Denies Bail To Neeraj Bawana In Murder Case
2 months ago
Supreme Court Advises Caution While Granting Ad-Interim Anticipatory Bail
2 months ago
Supreme Court Grants Interim Protection To Ex-IAS Officer Puja Khedkar, Issues Notice On Anticipatory Bail Plea
2 months ago
Kerala HC Grants Bail To Businessman Boby Chemmanur in Sexual Harassment Case, Says Bail Will Be Cancelled If Similar Offence Is Committed
2 months ago
Kerala High Court allows bail plea of Boby Chemmanur in sexual harassment case
2 months ago
'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order
Trending News
2 months ago
NDPS Act| Manner In Which Accused Is Arraigned In FIR Is Relevant While Adjudicating Pre-Arrest Bail Plea: Punjab & Haryana HC
2 months, 1 week ago
Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time'
2 months, 1 week ago
HC dismisses anticipatory bail petition of prison official, five others
2 months, 1 week ago
Rajasthan High Court Questions Special POCSO Judge For Denying Bail To Man Not Named In Victim Statement
2 months, 1 week ago
No pre-arrest bail for man who extorted unmarried women on matrimonial sites
2 months, 2 weeks ago
Delhi High Court Refuses Anticipatory Bail To Ex-IAS Probationer Puja Khedkar: 'Classic Case Of Fraud'
2 months, 3 weeks ago
Delhi HC denies anticipatory bail to ex- IAS trainee Puja Khedkar
2 months, 3 weeks ago
District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
2 months, 3 weeks ago
Karnataka HC Grants Interim Bail To BJP's CT Ravi Arrested For Allegedly Using Derogatory Words Against Female Congress Leader
2 months, 3 weeks ago
Vandiperiyar Rape-Murder: Kerala High Court Asks Accused To Appear Before POCSO Court Upon State's Appeal Against Acquittal
2 months, 3 weeks ago
Men too have dignity: Kerala High Court grants anticipatory bail to actor Menon
3 months ago
'Men Also Have Right & Dignity': Kerala HC Grants Pre-Arrest Bail To Actor Balachandra Menon In Sexual Assault Case Filed With 17 Yrs Delay
3 months ago
Bail Should Not Be Granted Ordinarily In Serious Offences Like Rape & Murder Once Trial Starts: Supreme Court
3 months, 1 week ago
Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 months, 2 weeks ago

Discover Related