Kerala High Court
Bineshkumar vs State Of Kerala on 8 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8115 OF 2025
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2025:KER:49870
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
BAIL APPL. NO. 8115 OF 2025
CRIME NO.516/2025 OF IRINJALAKUDA POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED 28.05.2025 IN Bail Appl.
NO.5840 OF 2025 OF HIGH COURT OF KERALA
PETITIONERS/1ST ACCUSED:
1 BINESHKUMAR
AGED 47 YEARS
S/O SUKUMARAN, KEEZHUPULLY HOUSE,
KUZHIKATTUKONAM DESOM, MADAYIKKONAM VILLAGE,
MADAYIKKONAM P.O, IRINJALAKUDA,
THRISSUR, PIN - 680712
2 K. M. SUKUMARAN
AGED 68 YEARS
S/O MANIKUTTY, KEEZHUPULLY HOUSE,
KUZHIKATTUKONAM DESOM, MADAYIKKONAM VILLAGE,
MADAYIKKONAM P.O, IRINJALAKUDA,
THRISSUR, PIN - 680712
BY ADVS.
SHRI.SARATH BABU KOTTAKKAL
SMT.ARCHANA VIJAYAN
SHRI.SEBASTIN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8115 OF 2025
2
2025:KER:49870
BECHU KURIAN THOMAS, J.
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B.A. No.8115 of 2025
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Dated this the 8th 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.516/2025 of Irinjalakuda Police Station, Thrissur District; registered for the offences punishable under Sections 126(2), 118(2), and 110 r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is that, the accused had on 21.03.2025, due to a previous animosity assaulted the defacto complainant with an iron rod on her head and again assaulted her with a granite stone causing grievous injuries and thereby committed the offences alleged. Petitioners were arrested on 29.05.2025 and they have been in custody since then.
4. I have heard the learned counsel for the petitioners as well as the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that petitioners were arrested on 29.05.2025 and have been in custody since then. It was further submitted that the allegations against the petitioners are totally false, and therefore, petitioners ought to be released on bail. BAIL APPL. NO. 8115 OF 2025 3 2025:KER:49870
6. The learned Public Prosecutor opposed the bail application and submitted that, the allegations are serious in nature. It was further submitted that the injuries inflicted are severe, including a fracture to the skull of the defacto complainant, and therefore, petitioners ought not to be released on bail.
7. Petitioners are alleged to have assaulted the defacto complainant with an iron rod and a granite stone, resulting in grievous injuries to the skull of the defacto complainant.
8. Considering the period of detention already undergone and bearing in mind the nature of allegations, I am of the view that their continued detention is not required in the circumstances of the case. Therefore, petitioners are entitled to be released on bail.
9. In the result, this application is 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 interact with the defacto complainant until conclusion of the trial.
BAIL APPL. NO. 8115 OF 2025 4 2025:KER:49870
(f) 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 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 AMV/08/07/2025 BAIL APPL. NO. 8115 OF 2025 5 2025:KER:49870 APPENDIX OF BAIL APPL. 8115/2025 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE PHOTOCOPY OF THE FIR IN CRIME NO 516/2025 OF THE IRINJALAKUDA POLICE STATION, THRISSUR DATED 22.03.2025 ANNEXURE A2 THE TRUE PHOTOCOPY OF THE ORDER DATED 19.04.2025 IN CRL.M.C 456/2025 OF THE SESSION'S JUDGE, THRISSUR ANNEXURE A3 THE TRUE PHOTOCOPY OF THE ORDER DATED 04.06.2025 IN CRL.M.P 6462/2025 OF THE JUDICIAL FIRST CLASS MAGISTRATE, IRINJALAKUDA