07 June 2024 Bail and Antcipatory Bail >> Criminal Law   |   Investigation >> Criminal Law   |   Murder Homicide >> Criminal Law  

An accused in an Ernakulam assault case has been granted bail by the court. The man, facing charges of attempted murder and assault with a dangerous weapon, was arrested in March 2024 for a crime allegedly committed in December 2022.

The prosecution argued that the accused is a flight risk due to being from another state and allegedly absconding for nearly two years. However, the court found that the presumption of innocence applies and that the accused's right to liberty cannot be solely denied based on the charges or his origin.

Court Recognizes Right to Liberty:

The judge noted that the investigation is complete, and the accused has been in custody for over two months. He emphasized that bail is the rule, and jail is an exception. The right to liberty cannot be infringed upon without sufficient reason, especially with significant pre-trial detention.

Bail Granted with Conditions:

The court granted bail with several conditions. The accused must furnish a bond of Rs. 50,000 with two sureties, one residing in Kerala. He must also appear before the investigating officer at designated times and refrain from tampering with evidence or influencing witnesses. Additionally, he must surrender his passport and remain within the court's jurisdiction. The order highlights the right to challenge bail conditions. The accused can approach the lower court to seek modification of any conditions if needed.