Kerala High Court
Bijoy.P.R vs State Of Kerala on 8 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.9388 of 2025 1
2025:KER:59680
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 8TH DAY OF AUGUST 2025 / 17TH SRAVANA, 1947
BAIL APPL. NO. 9388 OF 2025
CRIME NO.376/2025 OF Mankara Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.3971 OF 2025 OF
DISTRICT COURT & SESSIONS COURT / RENT CONTROL APPELLATE
AUTHORITY, PALAKKAD
PETITIONERS/ACCUSED NOS.1,4,5,6 & 7:
1 BIJOY.P.R., AGED 31 YEARS,
S/O.VIJAYAN, PATHIYIL HOUSE,
G.S.SADAN, GANDHI SEVA SADAN POST,
LAKKIDI-PERUR, PALAKKAD,
PIN - 679302
2 AJITH, AGED 26 YEARS
S/O.MURALI, THEKKEPATTUPADI HOUSE,
MULANJOOR POST, NELLIKURISSI,
LAKKIDI, PALAKKAD, PIN - 679301
3 AYYAPPADAS, AGED 28 YEARS,
S/O.RADHAKRISHNAN, PANAKKATTIL HOUSE,
VENGASSERY POST, AMBALAPPARA, PALAKKAD,
PIN - 679516
4 RANJITH, AGED 35 YEARS
S/O.NARAYANAN, KARADIMALKUNNU VEEDU,
MANKARA POST, PALAKKAD, PIN - 678613
B.A.No.9388 of 2025 2
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5 PRAVEEN @ APPOOS, AGED 31 YEARS, S/O.CHANDRAN,
KALATHIL HOUSE, KOTTUPURA, KUNNAMBARIYARAM,
MANKARA POST, PALAKKAD, PIN - 678613
BY ADVS.
SHRI.T.K.SANDEEP
SMT.SWETHA R.
RESPONDENTS/COMPLAINANT & STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 SABEERALI
AGED 42 YEARS
S/O ABDUL SAMAD, PATTANITHERUV, NURANI P.O,
PALAKKAD DISTRICT, PIN - 678004
BY SMT.SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.9388 of 2025 3
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BECHU KURIAN THOMAS, J.
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B.A.No.9388 of 2025
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Dated this the 8th day of August, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners are accused 1, 4, 5, 6 and 7 in Crime No.376 of 2025 of Mankara Police Station, Palakkad, registered for the offences punishable under Sections 189(2), 191(2), 191(3), 126(2), 118(1), 324(2), 109 and 190 of the Bharatiya Nyaya Sanhita, 2023.
3. According to the prosecution, on 22.06.2025 at around 8 p.m., the accused assaulted the de facto complainant with an iron rod and other dangerous weapons and thereby committed the offences alleged. Petitioners were arrested on 22.06.2025 and they have been in custody since then.
5. Heard Sri.T.K.Sandeep, the learned Counsel for the petitioners as well as Smt.Sreeja V., the learned Public Prosecutor.
6. The learned counsel for the petitioners submitted that the prosecution allegations are false and petitioners have been B.A.No.9388 of 2025 4 2025:KER:59680 roped in as accused without any basis. It was also submitted that as per the de facto complainant's statement, one Prabhu and Vijay, along with 8 other persons, are the main accused, who had assaulted him. In the FIR also, those two persons are named as accused 1 and 2. According to the learned Counsel, petitioners have been roped in as accused without any basis. It was further submitted that petitioners have been in custody for a sufficiently long period and, therefore, they ought to be released on bail.
7. The learned Public Prosecutor opposed the bail application and submitted that the allegations against the petitioners are serious as they have inflicted 16 injuries on the de facto complainant and since the allegations being serious, they ought not to be released on bail.
8. The de facto complainant had, in his statement, specifically referred to two persons, namely Prabhu and Vijay, who along with 8 others, had assaulted him. However, since the persons before this Court are not Prabhu and Vijay and taking into consideration the period of detention already undergone by the petitioners, I am of the view that their continued detention is not B.A.No.9388 of 2025 5 2025:KER:59680 necessary.
In the result, these bail applications are allowed on the following conditions:-
(a) Petitioners shall be released on bail on each of them executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioners shall appear before the Investigating Officer as and when required.
(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.
(d) Petitioners shall not commit any similar offences while they are on bail.
(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.
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 B.A.No.9388 of 2025 6 2025:KER:59680 applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE sp/08/08/2025 B.A.No.9388 of 2025 7 2025:KER:59680 APPENDIX OF BAIL APPL. 9388/2025 PETITIONER ANNEXURES Annexure-1 TRUE COPY OF THE F.I.R ALONG WITH FI STATEMENT IN CRIME NO.376/2025 REGISTERED BY MANKARA POLICE STATION, PALAKKAD DATED 24.06.2025 Annexure-2 ORIGINAL AFFIDAVIT DATED 04.07.2025 SWORN IN BY SABEER ALI/DEFACTO COMPLAINANT SWORN IN BY SABEER ALI/DEFACTO COMPLAINANT Annexure-3 ORIGINAL OF THE ORDER IN CRL.M.C.NO.3971/2025 BEFORE THE HON'BLE SESSIONS JUDGE, PALAKKAD DIVISION DATED 30.07.2025