MANIKANDAN N.P Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application is filed under Sec. 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS).

(2.) Principles of Judicial Discipline while passing orders applies not only to Constitutional Courts, but to the Sessions courts and Magistrate courts also. If a bail application of one of the accused is allowed and if any bail application is filed by the co-accused in the same crime, unless there are sufficient reasons, the bail application of the co-accused shall not be dismissed. Of course, if the allegation against the accused released on bail is less serious compared to the involvement of the other accused, a distinction can be made. But, the Court concerned should give reason while rejecting bail of the co-accused in the same crime, if one of the accused is released on bail. The principle of parity is based on the guarantee of positive equality before law enshrined in Article 14 of the Constitution of India.

(3.) Petitioner herein is the 8th accused in Crime No.449/2024 of Vellayil Police Station. The above case is registered against the petitioner and others, alleging offences punishable under Ss. 126(2), 115(2), 118(1), 118(2), 324(4) read with Sec. 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short BNS).