Jimil Shaji v. State of Kerala
Case brief
What is this about?
Regular bail under Section 483 BNSS allowed to first accused in Adimaly PS Crime 1347/2024 (BNS Ss.115(2), 118(1), 118(2), 140(4), 296(b), 324(2), 351(2) r/w 3(5)); anticipatory bail earlier refused (order 07.02.2025 in B.A. 1093/2025); surrendered 25.03.2025; bail-is-rule/jail-is-exception doctrine relied upon (Chidambaram P; Jalaluddin Khan; Manish Sisodia); bond Rs.50,000 with two sureties; stringent conditions imposed; Anzar Azeez principle applied; cancellation clause for violation.
What did the court decide?
Petitioner released on bail on executing a bond for Rs.50,000 with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court, subject to conditions: (i) appear before the Investigating Officer for interrogation as and when required and co-operate with the investigation, without directly or indirectly making any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure; (ii) not leave India without permission of the jurisdictional Court; (iii) not commit an offence similar to that alleged; (iv) observations and findings confined to deciding this bail application, with the Anzar Azeez principle applicable; and (v) jurisdictional Court may cancel the bail on violation of any condition, with the prosecution and victim at liberty to seek cancellation.