Kerala High Court
Santhu @ Santhosh Kumar T G vs State Of Kerala on 29 April, 2025
2025:KER:33269
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. 5609 OF 2025
CRIME NO.229/2025 OF BADIADUKKA POLICE STATION, KASARGOD
ORDER/JUDGMENT DATED 02-04-2025 IN BAIL APPL. NO.4382 OF
2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
SANTHU @ SANTHOSH KUMAR T G
AGED 30 YEARS, S/O. T.GOVINDA NAIK,
RESIDING AT THALPANAJE HOUSE,
NIRCHAL POST AND VILLAGE, KASARAGOD DISTRICT,
PIN - 671 321.
BY ADVS.
T.MADHU
C.R.SARADAMANI
RENJISH S. MENON
ALEENA JOSE
AVANTHIKA R.
KARTHIK KRISHNA M.
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
BY ADV VIPIN NARAYAN A (SR PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:33269
BAIL APPL. 5609/2025 2
ORDER
Dated this the 29th day of April, 2025
This Bail Application is filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
2. Petitioner is the accused in Crime No.229/2025 of
Badiadka Police Station, Kasargode district. The above
case is registered against the petitioner alleging
offence punishable under Section 326(g) of the Bharatiya
Nyaya Sanhita, 2023 (BNS).
3. The prosecution case is that, on 14-03-2025 at
20.30 hours, the petitioner set fire to a shop room owned
by the de facto complainant by using petrol or other
inflammable substance and thereby caused a loss of
Rs.4,00,000/- to the de facto complainant.
4. Heard the learned counsel for the petitioner and
the learned Senior 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 Senior Public
2025:KER:33269
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 surrendered before the learned
Judicial First Class Magistrate's Court-II, Kasargod on
18-03-2025. A perusal of the case records would reveal
that the accusation against the petitioner is very
serious, and it prima facie shows a premeditated criminal
act on his part. Considering the nature of the crime, the
nascent stage of the investigation, the manner in which
the petitioner is alleged to have been involved in it,
and the facts and circumstances mentioned above, I am of
the view that the petitioner cannot be released on bail
at this stage.
The bail application is accordingly dismissed.
Sd/-
P. KRISHNA KUMAR
JUDGE
ats
2025:KER:33269
APPENDIX OF BAIL APPL. 5609/2025
PETITIONER'S ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR DATED 15/3/2025
IN CRIME NO. 229/2025 OF BADIADKA POLICE
STATION, KASARAGOD DISTRICT
Annexure A2 THE TRUE COPY OF THE ORDER DATED
18/3/2025 IN CMP NO. 446/2025 ON THE
FILES OF THE LEARNED JUDICIAL FIRST-CLASS
MAGISTRATE'S COURT-II, KASARAGOD
Annexure A3 THE TRUE COPY OF THE APPLICATION FOR
POLICE CUSTODY FILED BY THE INVESTIGATING
OFFICER IN CRIME NO. 229/2025 OF BADIADKA
POLICE STATION
Annexure A4 THE TRUE COPY OF THE ORDER DATED
02.04.2025 IN B.A. NO. 4382/2025 ON THE
FILES OF THIS HON'BLE COURT
