Bibin vs State Of Kerala
2025 Latest Caselaw 3301 Ker

Citation : 2025 Latest Caselaw 3301 Ker
Judgement Date : 11 August, 2025

Kerala High Court

Bibin vs State Of Kerala on 11 August, 2025

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

BAIL APPL. NO. 9374 OF 2025
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                                                        2025:KER:59965

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

       MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947

                          BAIL APPL. NO. 9374 OF 2025

            CRIME NO.5/2025 OF KANJIRAMKULAM POLICE STATION,

                              THIRUVANANTHAPURAM

          AGAINST THE ORDER/JUDGMENT DATED 15.07.2025 IN Bail Appl.

                  NO.8166 OF 2025 OF HIGH COURT OF KERALA

PETITIONER(S)/ACCUSED NOS.1 AND 3:

      1       BIBIN
              AGED 31 YEARS
              S/O LAWRENCE, KARUTHANVILA VEEDU, KARUMKULAM,
              NOW RESIDING AT NAGAROODAM KETTIYA VADAKKE
              ATTAM PUTHEN VEEDU, KARUMKULAM, THIRUVANANTHAPURAM,
              PIN - 695526.

      2       MANI @ MARTIN
              AGED 38 YEARS
              S/O ANTONY, KINARUVILA PURAYIDOM, PUTHIYATHURA,
              KARUMKULAM, THIRUVANANTHAPURAM, PIN - 695526.

              BY ADV SRI.K.V SABU
RESPONDENT(S)/COMPLAINANT:

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

              BY ADVS.
              PUBLIC PROSECUTOR
              ADDL.DIRECTOR GENERAL OF PROSECUTION.
              SRI. C.K SURESH, SR. PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BAIL APPL. NO. 9374 OF 2025
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                                                                           2025:KER:59965

                          BECHU KURIAN THOMAS, J.
                    ......................................................
                              B.A. No.9374 of 2025
                      ...................................................
                   Dated this the 11th day of August, 2025



                                        ORDER

This bail application is filed under Section 483 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (for short 'BNSS').

2. Petitioners are accused Nos.1 and 3 in Crime No.5/2025 of

Kanjiramkulam Police Station, Thiruvananthapuram; registered for the

offences punishable under Sections 61(2)(A), 332(A), 296(b), 115(2) ,

314, 126(2), 118(1), 118(2) and 103(1) r/w Section 3(5) of the Bharatiya

Nyaya Sanhita, 2023, which is now pending as S.C.No.1482/2025 on the

files of the Additional Sessions Court-VI, Thiruvananthapuram.

3. The prosecution case is that, accused had in furtherance of their common

intention joined together on 31.12.2024, hatched a criminal conspiracy

and thereafter trespassed into the house of the defacto complainant and

attacked him with a cement brick causing grievous injuries on the

defacto complainant. The injuries ultimately led to his death and thereby

accused committed the offences alleged. Petitioners were arrested on

02.01.2025 and they have been in custody since then.

4. I have heard Sri.K.V.Sabu, the learned counsel for the petitioners as well

as Sri.C.K.Suresh, the learned Senior Public Prosecutor. BAIL APPL. NO. 9374 OF 2025

2025:KER:59965

5. The learned Counsel for the petitioners contended that petitioners have

been in custody from 02.01.2025, and hence, they ought to be released

on bail.

6. The learned Public Prosecutor opposed the bail application and submitted

that the allegations against the petitioners are serious and they ought

not to be released on bail.

7. The prosecution allegations specifically pointed to the overt acts of the

second accused, which resulted in the fatal injury. Though petitioners as

accused 1 and 3, had also assaulted the victim and restrained him,

considering the specific overt acts and also the fact that the final report

has already been filed, I am of the view that further custody of the

petitioners is not necessary. In this context, this Court bears in mind that

there are no criminal antecedents against the petitioners while there are

antecedents against the second accused.

8. Since accused 1 and 3 are before this Court, I am of the view that taking

note of the above circumstances and also bearing in mind the period of

detention already undergone, apart from the fact that final report has

already been filed, further custody of the petitioners is not necessary.

Hence, petitioners are entitled to be released on bail.

9. In the result, this bail application is allowed on the following conditions:-

(a) Petitioners shall be released on bail on each of them executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

BAIL APPL. NO. 9374 OF 2025

2025:KER:59965

(b) Petitioners shall co-operate with the trial of the case.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they attempt to tamper with the evidence.

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners shall not leave the country without the permission of the jurisdictional Court.

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 law, notwithstanding the bail having been

granted by this Court.

sd/-