July 2, 2025 6:13 am

Basic rule of criminal justice system is “bail, not jail”- Right to life and personal liberty- HELD the High Court should not foreclose itself from the exercise of the power when a citizen has been arbitrarily deprived of their personal liberty in an excess of state power.

Bysclaw

Nov 29, 2020

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By sclaw

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Bail Granted Preventive Detention

Preventive detention under the Kerala Anti-Social Activities (Prevention) Act, 2007 must be strictly construed, used sparingly for ‘public order’ threats, not ‘law and order’ issues, and not as an alternative to cancelling bail.

Jun 10, 2025 sclaw

Foreign Registration Officers need not be impleaded in bail applications for foreigners under the Foreigners Act, 1946, but courts must mandate immediate communication of bail orders to these officers for coordinated inter-agency oversight

Jan 11, 2025 sclaw

Anticipatory Bail Bail Granted

Penal Code, 1860 (IPC) — Section 306 —Abetment of Suicide — The appellant sought anticipatory bail after the High Court rejected her plea — The State of Punjab acknowledged her participation in the investigation and stated no further custodial interrogation was needed — The Supreme Court granted her anticipatory bail, considering the State of Punjab’s submission that she cooperated with the investigation — The decision was based on the recognition that custodial interrogation was no longer necessary and that anticipatory bail would be appropriate — The Supreme Court concluded that appellant should be granted anticipatory bail, subject to any conditions imposed by the Trial Court — The State would retain the right to seek bail cancellation if conditions were violated.

Jan 11, 2025 sclaw

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Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw

Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw

Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw