Kerala High Court
Shanif P.P vs State Of Kerala on 2 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 6701 OF 2025
1
2025:KER:38281
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 2ND DAY OF JUNE 2025 / 12TH JYAISHTA, 1947
BAIL APPL. NO. 6701 OF 2025
CRIME NO.1918/2023 OF ELAMAKKARA POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1231 OF 2024 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT (VIOLENCE AGAINST WOMEN
& CHILDREN), ERNAKULAM
PETITIONER/ACCUSED NO.1:
SHANIF P.P
AGED 24 YEARS
S/O. SULAIMAN,, R/O AYSHAS,
\VANDYALA P.O, MOWENCHERY,
KANNUR, PIN - 670613
BY ADVS.
SRI.V.S.MANSOOR
SRI.AKHIL BINOY
SHRI.AHAMMED MIZWAR V.P.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION
SRI. C.K.SURESH, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.06.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 6701 OF 2025
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2025:KER:38281
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.6701 of 2025
...................................................
Dated this the 2nd day of June, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the first accused in Crime No.1918/2023 of Elamakkara Police Station, Ernakulam; registered for the offences punishable under Sections 302 and 325 r/w Section 34 of the Indian Penal Code, 1860 apart from Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
3. The prosecution case is that, in furtherance of their common intention, the first accused had, on 03.12.2023 along with the second accused, murdered the infant son (1½ month) of the second accused, by forcefully hitting its head and body with his knees, and thereby the accused committed the offences alleged.
4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that petitioner was arrested on 05.12.2023 and has been in custody since then. It was further submitted that the second accused, who was the mother of the deceased child, was released on bail on 27.11.2024 while the bail BAIL APPL. NO. 6701 OF 2025 3 2025:KER:38281 application of the petitioner was dismissed. The learned Counsel urged that having regard to the long period of detention already undergone by the petitioner, he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application and submitted that the allegations against the petitioner are serious in nature and bail ought not to be granted.
7. The second accused, who was the mother of the deceased child, was released on bail on 27.11.2024 while the bail application of the petitioner was dismissed. It was specifically observed by this Court that releasing the petitioner would send a wrong message to society, and hence petitioner's application was dismissed earlier.
8. From the aforesaid order, almost 12 months have elapsed. Petitioner has been in custody from 05.12.2023. This Court called for a report from the Sessions Court as to the possibility of an early disposal. By communication dated 29.05.2025, the learned Sessions Judge informed that the report of the Forensic Science Laboratory is awaited, and the trial could be completed within three months from the receipt of the said report.
9. Since one of the significant documents required to commence the trial has not yet been received from the Forensic Science Laboratory, the chances of an immediate trial is remote. As the petitioner has been in custody from 05.12.2023 onwards, apart from the fact that second accused has already been released on bail, I am of the view that the continued detention is not required in the circumstances of the case. BAIL APPL. NO. 6701 OF 2025 4 2025:KER:38281 Therefore, the petitioner is entitled to be released on bail.
10. In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him 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) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner 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 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/02/06/2025 BAIL APPL. NO. 6701 OF 2025 5 2025:KER:38281 APPENDIX OF BAIL APPL. 6701/2025 PETITIONER ANNEXURES ANNEXURE 1 A TRUE COPY THE ORDER DTD: 8/04/2025 IN SPECIAL LEAVE TO APPEAL (CRL.) NO(S).
1149/2025ANNEXURE 2 A TRUE COPY OF THE ORDER DTD: 27/11/2024 IN B.A NO. 9330/2024 OF THIS HON'BLE COURT ANNEXURE 3 TRUE COPY OF THE ORDER OF HON'BLE ADDITIONAL DISTRICT AND SESSIONS COURT, (FOR THE TRIAL OF CASES RELATING TO ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN), ERNAKULAM DATED 05/05/2025 IN CMP NO.1421/2025