Kerala High Court
Gokul vs State Of Kerala on 5 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:58293
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
BAIL APPL. NO. 8347 OF 2025
CRIME NO.642/2025 OF HARIPPAD POLICE STATION, ALAPPUZHA
AGAINST THE ORDER DATED 25.06.2025 IN CRMC NO.812 OF
2025 OF DISTRICT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, ALAPPUZHA
PETITIONER/ACCUSED NO.2:
GOKUL
AGED 30 YEARS
S/O UNNIKRISHNAN,
GOKULAM (H), KARTHIKAPALLY TALUK,
ALAPPUZHA DIST, PIN - 690516
BY ADVS.
SRI.M.J.SANTHOSH
SHRI.ANTONY PAUL
SMT.HASEENA T.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV. SREEJA V.,
PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:58293
B.A. No.8347 of 2025
-:2:-
BECHU KURIAN THOMAS, J.
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B.A. No.8347 of 2025
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Dated this the 5th day of August, 2025
ORDER
This is an application seeking pre-arrest bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
2. Petitioner is the second accused in Crime No. 642 of 2025 of Haripad Police Station, Alappuzha, registered for the offences punishable under Sections 115(2), 117(2), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to the prosecution, on 14.06.2025, during the birthday party of the defacto complainant's wife, the accused assaulted the defacto complainant pursuant to an altercation and thereby committed the offences alleged.
4. Heard Sri. Santhosh M. J., the learned counsel for the petitioner as well as Smt. Sreeja V., the learned Public Prosecutor.
5. Petitioner, along with the other accused, were invitees to a birthday party of the defacto complainant's wife. During the party, the accused allegedly assaulted the defacto complainant. The injuries noted in the wound certificate indicate that there was a swelling around the right eye and a lacerated wound injury of 4 x 3 cms on the scalp. Though the allegations are serious, considering the nature of injuries 2025:KER:58293 B.A. No.8347 of 2025 -:3:- and also the circumstances under which such injuries were inflicted, I am of the view that custodial interrogation of the petitioner is not necessary. However, he must subject himself to interrogation for the purpose of completion of the investigation.
6. In Sushila Aggarwal and Others v. State (NCT of Delhi) and Another, [2020 (5) SCC 1], it was held that while considering whether to grant anticipatory bail or not, Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case. Grant of anticipatory bail is a matter of discretion and the kind of conditions to be imposed or not to be imposed are all dependent on facts of each case, and subject to the discretion of the court.
7. Since the prosecution has not been able to convince this Court as to the necessity of custodial interrogation, I am of the view that petitioner can be granted pre-arrest bail on conditions.
8. Accordingly, the bail application is allowed on the following conditions:
(a) Petitioner shall appear before the Investigating Officer on 18.08.2025 and shall subject himself to interrogation.
(b) If after interrogation, the Investigating Officer proposes to arrest the petitioner, then, he shall be released on bail on him executing a bond for 2025:KER:58293 B.A. No.8347 of 2025 -:4:- Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.
(c) Petitioner shall appear before the Investigating Officer as and when required and shall also co- operate with the investigation.
(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(e) Petitioner shall not commit any similar offences while he is on bail.
In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE jka/05.08.25.
2025:KER:58293 B.A. No.8347 of 2025 -:5:- APPENDIX OF BAIL APPL. 8347/2025 PETITIONER'S ANNEXURES Annexure A1 THE TRUE COPY OF THE FIS IN CRIME NO.
642/2025 DATED 15/06/2025 Annexure A2 THE TRUE COPY OF THE FIR IN CRIME NO.
642/2025 DATED 15/06/2025 Annexure A3 THE TRUE COPY OF THE ENGINEERING CERTIFICATE ISSUED BY ANNA UNIVERSITY IN JULY 2022 Annexure A4 THE TRUE COPY OF THE ORDER IN CRL. M. C. NO. 812/2025 DATED 25/06/2025 Annexure A5 THE TRUE COPY OF THE JUDGMENT IN SUSHILA AGGARWAL AND OTHERS V. STATE (NCT OF DELHI) AND ANOTHER 2020 (1) KHC 663 (SC)