Basiyo vs State Of Kerala
2025 Latest Caselaw 8325 Ker

Citation : 2025 Latest Caselaw 8325 Ker
Judgement Date : 29 April, 2025

Kerala High Court

Basiyo vs State Of Kerala on 29 April, 2025

                                                          2025:KER:33264



               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. 5838 OF 2025
        CRIME NO.345/2025 OF CHERPU POLICE STATION, THRISSUR

        AGAINST THE ORDER/JUDGMENT DATED 11.04.2025 IN CMP NO.3037

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


PETITIONER/SECOND ACCUSED:

            BASIYO
            AGED 28 YEARS
            S/O NANDAN, ALACKAL HOUSE, KEEZHTHANI,
            THRISSUR, PIN - 680125

            BY ADVS.
            T.H.ARAVIND
            MANU SRINATH
            RUKSANA SATHAR P.A.


RESPONDENTS:

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

    2       SUB INSPECTOR OF POLICE
            CHERPU POLICE STATION,
            THRISSUR., PIN - 695501



OTHER PRESENT:

             G SUDHEER
            PUBLIC PROSECUTOR


     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
29.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                                           2025:KER:33264
B.A NO. 5838 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 second 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 2025:KER:33264

committed the above offences.

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

08.04.2025. 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 2025:KER:33264

detention of the petitioner. The anxiety expressed

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:33264

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:33264

vi. The petitioner shall not leave Kerala

without the permission of the trial

court.

vii. The application, if any, for

deletion/modification of the bail

conditions or cancellation of bail on

the ground of violating the bail

conditions can be entertained by the

jurisdictional court, if it is found

necessary.

Sd/-

P. KRISHNA KUMAR JUDGE mtk/29.04.25 2025:KER:33264

APPENDIX OF BAIL APPL. 5838/2025

PETITIONER ANNEXURES

Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO. 345 OF 2025 REGISTERED AT CHERPU POLICE STATION.