Yadu Krishna vs State Of Kerala

Citation : 2025 Latest Caselaw 1179 Ker
Judgement Date : 18 July, 2025

Kerala High Court

Yadu Krishna vs State Of Kerala on 18 July, 2025

Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
                                                 2025:KER:53396


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

   FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947

                 BAIL APPL. NO. 8652 OF 2025

        CRIME NO.411/2025 OF CHERPU POLICE STATION, THRISSUR

AGAINST THE ORDER/JUDGMENT DATED 11.06.2025 IN BAIL APPL.

NO.6914 OF 2025 OF HIGH COURT OF KERALA.

PETITIONERS:

    1     YADU KRISHNA,
          AGED 46 YEARS,
          S/O RAJAN, NANDIPULAM HOUSE,
          THIRUVULLAKKAV DESOM, CHOVVOOR VILLAGE,
          THRISSUR DISTRICT, KERALA, PIN - 680 027.

    2     ALWYN,
          AGED 36 YEARS,
          S/O PAULSON, KIZHAKKOODAN HOUSE,
          CHERPU, PADINJATUMURI DESOM, CHERPU VILLAGE,
          THRISSUR DISTRICT, KERALA,, PIN - 627 862.

          BY ADVS.
          SRI.JITHIN BABU A
          SHRI.ARUN SAMUEL
          SHRI.ANOOD JALAL K.J.
          SMT.JESNA MALCOM
          SHRI.CLETUS THOTTAPILLY


RESPONDENT:

          STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682 031.

          SRI. PRASANTH M.P., PP
 Bail Appl. No.8652 of 2025
                                                         2025:KER:53396
                                      -2-

       THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.07.2025,       THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 Bail Appl. No.8652 of 2025
                                                       2025:KER:53396
                                   -3-

                  BECHU KURIAN THOMAS, J.
                  --------------------------------------
                   Bail Appl. No.8652 of 2025
                   ------------------------------------
               Dated this the 18th 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.411 of 2025 of Cherpu Police Station, Thrissur, registered for the offence punishable under section 309(6) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

3. According to the prosecution, on 07.05.2025, the accused assaulted the de facto complainant and committed robbery of a gold ring and a mobile phone and thereby committed the offences alleged. Petitioners were arrested on 10.05.2025, and they have been in custody since then.

4. I have heard Sri.Jithin Babu A., the learned counsel for the petitioners as well as Sri.Prasanth M P., the learned Public Prosecutor.

5. The learned counsel for the petitioners submitted that the petitioners have been in custody since 10.05.2025, and hence further detention is not necessary. Bail Appl. No.8652 of 2025

2025:KER:53396 -4-

6. The learned Public Prosecutor opposed the bail application and pointed out that the first petitioner is involved in four other crimes and the second petitioner is involved in three other crimes.

7. Petitioners are alleged to have committed robbery of a gold ring and a mobile phone after assaulting the de facto complainant. Though the allegations are serious, considering the period of detention already undergone by the petitioners from 10.05.2025, I am of the view that further custody is not necessary, especially since the final report has already been filed. 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 co-operate with the trial of the case.
(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they attempt to tamper with the evidence.
(d) Petitioners shall not commit any similar offences while they are on bail.
(e) Petitioners shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions or if any Bail Appl. No.8652 of 2025 2025:KER:53396 -5- 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 law, notwithstanding the bail having been granted by this Court.

Sd/-

BECHU KURIAN THOMAS JUDGE ADS Bail Appl. No.8652 of 2025 2025:KER:53396 -6- APPENDIX OF BAIL APPL. 8652/2025 PETITIONER ANNEXURES Annexure 1 A TRUE COPY OF THE FIR IN CRIME NO.

411/2025 OF CHERPU POLICE STATION, THRISSUR.

Annexure 2 A TRUE COPY OF THE ORDER DATED 14/05/2025 IN CRL. M.P. NO. 3538/2025 BY JUDICIAL FIRST-CLASS MAGISTRATE'S COURT- I, THRISSUR.

Annexure 3 A TRUE COPY OF THE ORDER DATED 28/06/2025 IN CRL. M.C. NO. 3538/2025 BY IV ADDITIONAL DISTRICT COURT, THRISSUR.