Seejal vs State Of Kerala
2025 Latest Caselaw 8323 Ker

Citation : 2025 Latest Caselaw 8323 Ker
Judgement Date : 29 April, 2025

Kerala High Court

Seejal vs State Of Kerala on 29 April, 2025

                                                           2025:KER:33291




               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
     TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947
                       BAIL APPL. NO. 5605 OF 2025
       CRIME NO.345/2025 OF CHERPU POLICE STATION, THRISSUR


      AGAINST THE ORDER/JUDGMENT DATED 11.04.2025 IN CRMP NO.3024

OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THRISSUR


PETITIONER/THIRD ACCUSED:

            SEEJAL
            AGED 21 YEARS
            SON OF JAYAN, VAKKAYIL HOUSE,
            KIZHUTHANI, THRISSUR, PIN - 680125

            BY ADVS.
            JITHIN BABU A
            ARUN SAMUEL
            ANOOD JALAL K.J.




RESPONDENT:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031



OTHER PRESENT:

            SENIOR PUBLIC PROSECUTOR
            VIPIN NARAYAN A


     THIS     BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
29.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                                             2025:KER:33291
B.A NO. 5605 OF 2025             2


        Dated this the 29th day of April, 2025

                                    ORDER

This Bail Application is filed under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023

(BNSS).

2. The petitioner is the third accused in

Crime No. 345/2025 of Cherpu Police Station,

Thrissur. The above case is registered against the

petitioner, alleging offences punishable under

Sections 126(2), 115(2), 118(1), 118(2) and 110 r/w

Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case is that, on

06.04.2025, at about 08.45 p.m., the accused

persons, in furtherance of their common intention

and due to their enmity towards the defacto

complainant, attacked the defacto complainant,

kicked him and thereby caused grievous injury to the

defacto complainant. Accordingly, the accused have

committed the above offences.

2025:KER:33291

4. Heard the learned counsel for the

petitioner and the learned Public Prosecutor.

5. The learned counsel for the petitioner

submitted that the petitioner is innocent and has

been falsely implicated in the present case. The

counsel further submitted that no materials are on

record to connect the petitioner with the alleged

crime; hence, he is entitled to get bail. On the

other hand, the learned Public Prosecutor submitted

that the alleged incident occurred as a part of the

intentional criminal acts of the petitioner, and he

is not entitled to bail at this stage.

6. The petitioner was arrested on

09.04.2025. The investigating agency had the

opportunity to take the petitioner in police

custody. From the submission of both sides, it

appears that the investigation of the case is now in

an advanced stage. The investigating agency did not

show any acceptable reasons for justifying further

detention of the petitioner. The anxiety expressed 2025:KER:33291

by the learned Public Prosecutor that the accused

would interfere with the process of investigation if

released on bail, can be addressed by imposing

suitable conditions. Having considered the entire

circumstances, including the stage of the

investigation and the tenure of judicial custody

undergone by the petitioner in the touchstone of the

well settled principles relating to bail, it is only

just and proper to release the petitioner on bail.

7. In the result, the application is allowed on

the following conditions:

i. The petitioner shall be released

on bail on executing a bond for

Rs.1,00,000/- (Rupees One Lakh only)

with two solvent sureties for the like

sum each to the satisfaction of the

jurisdictional Magistrate/Court.

ii. The petitioner shall fully

cooperate with the investigation.

2025:KER:33291

iii. The petitioner shall appear

before the investigation officer between

10 a.m. and 11 a.m. on every Saturday

for a period of three months or till

filing charge sheet, whichever is

earlier. He shall also appear before the

investigation officer as and when a

notice in writing is issued by the

investigating officer.

iv. The petitioner shall not commit

any offence of a like nature while on

bail.

v. The petitioner shall not interact

with the prosecution witnesses, directly

or through any other person, or in any

other way influence any witnesses or

other persons related to the

investigation and he shall not tamper

with the evidence.

2025:KER:33291

vi. The petitioner shall not leave