Kerala High Court
Santhosh John Williams vs State Of Kerala on 30 October, 2025
Author: K.Babu
Bench: K. Babu
2025:KER:81595
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 30TH DAY OF OCTOBER 2025 / 8TH KARTHIKA, 1947
BAIL APPL. NO. 12422 OF 2025
CRIME NO.1878/2025 OF CHAVARA POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED 26.09.2025 IN CRMC NO.2393
OF 2025 OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL
APPELLATE AUTHORITY, KOLLAM.
PETITIONER/ACCUSED:
SANTHOSH JOHN WILLIAMS
AGED 50 YEARS
S/O WILLIAMS, RESIDING AT FATHIMA MATHA MANDIRAM,
CHAVARA, CHAVARA BRIDGE P.O., KOLLAM DISTRICT -,
PIN - 691583.
BY ADVS.
SHRI.S.ABHILASH
SMT.ANJANA KANNATH
SMT.SAFNA P.S.
SMT. MARIYA JOSE
SMT.AGNA JOY
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
2 THE STATION HOUSE OFFICER
CHAVARA POLICE STATION, KOLLAM DISTRICT -,
PIN - 691583.
SRI.M.C.ASHI - Sr. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.NO. 12422 OF 2025 2
2025:KER:81595
K.BABU, J.
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B.A No. 12422 of 2025
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Dated this the 30th day of October, 2025
ORDER
This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS').
2. The petitioner is the sole accused in Crime No.1878/2025 of Chavara Police Station. The offences alleged against the petitioner are punishable under Sections 351(2), 296(b), 118(1) and 110 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case as narrated in Annexure A2 order reads thus:
"The complainant is the brother of the wife of the petitioner herein. There was some quarrels between the parties in connection with the birthday celebration of the wife of the petitioner at her residence. It is alleged that the petitioner had abandoned his wife and child at her residence. The complainant along with the wife of the petitioner and his child had gone to the resident of the petitioner on 31.08.2025 at 4.30 p.m. for taking the bags and dresses of the wife of the petitioner and their child. Then, the petitioner had allegedly used filthy words. He had allegedly closed the door from inside when the wife of the petitioner was inside and had terrorized her. Thereafter, the petitioner had come out with a hammer in one hand and a piece of brick in another hand and he had allegedly thrown the brick towards the head of the complainant causing injury on his head." [sic.] B.A.NO. 12422 OF 2025 3 2025:KER:81595
4. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that matrimonial disputes are pending between the parties. The learned counsel for the petitioner also submitted that the injuries sustained are very minor. It is further submitted that the custodial interrogation of the petitioner is not required.
6. The learned counsel appearing for the de facto complainant/victim submitted that the victim had sustained injuries on his head.
7. I have gone through the Case Diary.
8. The victim sustained the following injuries.
1. "Abrasion 3x2 cm over left side of head, just above the ear.
2. Abrasion 1x1 cm over left side of head, 3 cm above the injury no. 1.
3. Abrasion 1x1 cm over left side of head, 4 cm behind the injury no. 2.
4. Abrasion 0.5x0.5 cm on left side of back of head, 3 cm outer to midline and 2 cm above occiput.
5. Abrasion 1x1 cm on back of left forearm, 2 cm below elbow.
C/o pain and swelling over left side of head." B.A.NO. 12422 OF 2025 4
2025:KER:81595
9. The learned Public Prosecutor opposed the bail plea of the petitioner and contended that the custodial interrogation of the petitioner is required.
Having regard to the nature of the allegations, I feel that the petitioner is not entitled to anticipatory bail. Therefore, the Bail Application stands dismissed. However, the petitioner is directed to appear before the Investigating Officer within two weeks from this day. If the Investigating Officer effects arrest of the petitioner, and upon his production before the jurisdictional court, if the petitioner makes an application seeking regular bail, the Court shall dispose of the application, preferably on the same day itself.
Sd/-
K.BABU, JUDGE mea B.A.NO. 12422 OF 2025 5 2025:KER:81595 APPENDIX OF BAIL APPL. 12422/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR DATED 01.09.2025 IN CRIME NO 1878/2025 OF CHAVARA POLICE STATION Annexure A2 THE TRUE COPY OF THE ORDER DATED 26.09.2025 IN CRL MC NO 2393/2025 BY HON'BLE SESSIONS COURT, KOLLAM RESPONDENT ANNEXURES Annexure R2A TRUE COPY OF THE PETITION IN M.C NO.
32/2025 ON THE FILES OF JUDICIAL FIRST- CLASS MAGISTRATE COURT, CHAVARA Annexure R2B TRUE COPY OF THE ORDER DATED 26.09.2025 IN CMP NO. 1737/2025 IN MC 32/2025 ON THE FILES OF JUDICIAL FIRST-CLASS MAGISTRATE COURT, CHAVARA