Kerala High Court
Nishad.P.M vs State Of Kerala on 17 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:52901
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
BAIL APPL. NO. 8420 OF 2025
CRIME NO.1312/2025 OF ALUVA EAST POLICE STATION,
ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED 03.07.2025 IN
CRMC NO.1824 OF 2025 OF DISTRICT COURT & SESSIONS COURT/RENT
CONTROL APPELLATE AUTHORITY, ERNAKULAM.
PETITIONERS:
1 NISHAD.P.M.,
AGED 41 YEARS,
S/O. MUSTAFA, PANACHIKUZHI VEEDU, ALUVA,
ERNAKULAM, PIN - 683 108.
2 SHAJAHAN. P.M.,
AGED 47 YEARS,
S/O. MUSTAFA, PANACHIKUZHI VEEDU, ALUVA,
ERNAKULAM, PIN - 683 108.
BY ADVS.
SRI.C.P.UDAYABHANU
SRI.NAVANEETH.N.NATH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
2 STATION HOUSE OFFICER
ALUVA EAST POLICE STATION,
ERNAKULAM, PIN - 683 101.
Bail Appl. No.8420 of 2025
2025:KER:52901
-2-
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8420 of 2025
2025:KER:52901
-3-
BECHU KURIAN THOMAS, J.
--------------------------------------
Bail Appl. No.8420 of 2025
------------------------------------
Dated this the 17th day of July, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners are accused Nos.1 and 2 in Crime No.1312 of 2025 of Aluva East Police Station, Ernakulam, registered for the offences punishable under sections 126(2) and 118(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. According to the prosecution, on 11.06.2025, the accused had assaulted the de facto complainant and inflicted grievous injuries using a glass bottle and stick and thereby committed the offences alleged. Petitioners were arrested on 17.06.2025, and and they have been in custody since then.
4. I have heard Sri.C.P.Udayabhanu., the learned counsel for the petitioners as well as Smt.Sreeja.V., the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that the petitioners have been in custody since 17.06.2025, hence Bail Appl. No.8420 of 2025 2025:KER:52901 -4- further detention is not necessary.
6. The learned Public Prosecutor opposed the bail application.
7. Petitioners are alleged to have assaulted the de facto complainant, resulting in grievous injury. Considering the nature of allegations, I am of the view that though they are serious in nature, since they have already undergone custody from 17.06.2025, further detention is not necessary. Therefore, petitioners are entitled to be released on bail.
In the result, this application is allowed on the following conditions:-
(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each 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 Bail Appl. No.8420 of 2025 2025:KER:52901 -5- jurisdictional Court shall be empowered to consider such 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 ADS Bail Appl. No.8420 of 2025 2025:KER:52901 -6- APPENDIX OF BAIL APPL. 8420/2025 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE ORDER DATED 03.07.2025 IN CRL. M.C. NO. 1824/2025 PASSED BY THE HON'BLE SESSIONS COURT, ERNAKULAM.