🔥 Trending Thiruvananthapuram Corporation: BJP Councilor R Sugathan Granted Bail, But Remai

The latest news concerning Thiruvananthapuram Corporation BJP Councillor R. Sugathan is that he has been granted bail in two separate criminal cases by the Nedumangad Second Class Magistrate Court ¹²³. These cases were registered at the Vattiyurkavu Police Station ²⁵.

Despite being granted bail in these two cases, Sugathan remains unable to leave prison ¹⁴⁵. This is because he is currently under preventive detention orders issued under the Kerala Anti-Social Activities (Prevention) Act (KAAPA) ¹⁴⁵⁶⁷. The KAAPA order is still in force, meaning his release is on hold ⁵⁶.

Key Details of the Development:

• Bail Granted: R. Sugathan received bail for two criminal cases ¹². The magistrate court had previously denied bail in these specific cases ⁴.
• Court: The bail was granted by the Nedumangad Second Class Magistrate Court ¹⁵.
• Preventive Detention: Sugathan's continued incarceration is due to an existing KAAPA detention order ¹⁴⁵. This act allows for preventive detention to prevent individuals from engaging in anti-social activities.
• Previous Instance: Earlier, special permission was granted for him to take the oath as a councillor, but even then, his participation was subject to High Court approval due to his KAAPA detention ⁴.
• Legal Principle: While an accused is generally entitled to bail as a right for bailable offenses, and courts have no discretion to refuse it once bail is prepared ⁹, the KAAPA order operates independently as a preventive measure, overriding the immediate effect of bail in the criminal cases.

In summary, while R. Sugathan has secured a legal victory by obtaining bail in the criminal cases, the overarching KAAPA order prevents his release, keeping him in jail ⁵⁶⁷.