Kerala High Court
Gokul vs State Of Kerala on 5 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:58293
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
BAIL APPL. NO. 8347 OF 2025
CRIME NO.642/2025 OF HARIPPAD POLICE STATION, ALAPPUZHA
AGAINST THE ORDER DATED 25.06.2025 IN CRMC NO.812 OF
2025 OF DISTRICT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, ALAPPUZHA
PETITIONER/ACCUSED NO.2:
GOKUL
AGED 30 YEARS
S/O UNNIKRISHNAN,
GOKULAM (H), KARTHIKAPALLY TALUK,
ALAPPUZHA DIST, PIN - 690516
BY ADVS.
SRI.M.J.SANTHOSH
SHRI.ANTONY PAUL
SMT.HASEENA T.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV. SREEJA V.,
PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:58293
B.A. No.8347 of 2025
-:2:-
BECHU KURIAN THOMAS, J.
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B.A. No.8347 of 2025
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Dated this the 5th day of August, 2025
ORDER
This is an application seeking pre-arrest bail filed under
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
2. Petitioner is the second accused in Crime No. 642 of 2025
of Haripad Police Station, Alappuzha, registered for the offences
punishable under Sections 115(2), 117(2), 118(1) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. According to the prosecution, on 14.06.2025, during the
birthday party of the defacto complainant's wife, the accused assaulted
the defacto complainant pursuant to an altercation and thereby
committed the offences alleged.
4. Heard Sri. Santhosh M. J., the learned counsel for the
petitioner as well as Smt. Sreeja V., the learned Public Prosecutor.
5. Petitioner, along with the other accused, were invitees to a
birthday party of the defacto complainant's wife. During the party, the
accused allegedly assaulted the defacto complainant. The injuries noted
in the wound certificate indicate that there was a swelling around the
right eye and a lacerated wound injury of 4 x 3 cms on the scalp.
Though the allegations are serious, considering the nature of injuries
2025:KER:58293
and also the circumstances under which such injuries were inflicted, I
am of the view that custodial interrogation of the petitioner is not
necessary. However, he must subject himself to interrogation for the
purpose of completion of the investigation.
6. In Sushila Aggarwal and Others v. State (NCT of
Delhi) and Another, [2020 (5) SCC 1], it was held that while
considering whether to grant anticipatory bail or not, Courts ought to be
generally guided by considerations such as the nature and gravity of
the offences, the role attributed to the applicant, and the facts of the
case. Grant of anticipatory bail is a matter of discretion and the kind of
conditions to be imposed or not to be imposed are all dependent on
facts of each case, and subject to the discretion of the court.
7. Since the prosecution has not been able to convince this
Court as to the necessity of custodial interrogation, I am of the view
that petitioner can be granted pre-arrest bail on conditions.
8. Accordingly, the bail application is allowed on the following
conditions:
(a) Petitioner shall appear before the Investigating
Officer on 18.08.2025 and shall subject himself to
interrogation.
(b) If after interrogation, the Investigating Officer
proposes to arrest the petitioner, then, he shall
be released on bail on him executing a bond for
2025:KER:58293
Rs.50,000/- (Rupees fifty thousand only) with two
solvent sureties each for the like sum before the
Investigating Officer.
(c) Petitioner shall appear before the Investigating
Officer as and when required and shall also co-
operate with the investigation.
(d) Petitioner shall not intimidate or attempt to
influence the witnesses; nor shall he tamper with
the evidence.
(e) Petitioner shall not commit any similar offences
while he is on bail.
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 the law, notwithstanding
the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
jka/05.08.25.
2025:KER:58293
APPENDIX OF BAIL APPL. 8347/2025
PETITIONER'S ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIS IN CRIME NO.
642/2025 DATED 15/06/2025
Annexure A2 THE TRUE COPY OF THE FIR IN CRIME NO.
642/2025 DATED 15/06/2025
Annexure A3 THE TRUE COPY OF THE ENGINEERING
CERTIFICATE ISSUED BY ANNA UNIVERSITY IN
JULY 2022
Annexure A4 THE TRUE COPY OF THE ORDER IN CRL. M. C.
NO. 812/2025 DATED 25/06/2025
Annexure A5 THE TRUE COPY OF THE JUDGMENT IN SUSHILA
AGGARWAL AND OTHERS V. STATE (NCT OF
DELHI) AND ANOTHER 2020 (1) KHC 663 (SC)
