Kerala High Court
Shaji vs State Of Kerala on 13 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8977 OF 2025
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2025:KER:61014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 13TH DAY OF AUGUST 2025 / 22ND SRAVANA, 1947
BAIL APPL. NO. 8977 OF 2025
CRIME NO.734/2025 OF MARAYAMUTTAM POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED 17.07.2025 IN CRMC NO.1928
OF 2025 OF ASSISTANT SESSIONS COURT/I ADDITIONAL SUB
COURT,THIRUVANANTHAPURAM
PETITIONER/2ND ACCUSED:
SHAJI
AGED 48 YEARS
S/O. PUSHPAKARAN, PAZHAVILA PUTHEN VEEDU,
KORAVANCODE, KOTTUKAL P.O., ANAVOOR VILLAGE,
NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT,
PIN - 695501
BY ADV SRI.R.GOPAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682031
SMT.SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8977 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8977 of 2025
...................................................
Dated this the 13th day of August, 2025
ORDER
This bail application is filed under Section 482 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the second accused in Crime No.734/2025 of Marayamuttam
Police Station, Thiruvananthapuram, registered alleging offences
punishable under Sections 296(b), 333, 324(4), 115(2), and 110 r/w
Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is that, on 07.07.2025 accused came in front of the
house of the defacto complainant, uttered obscene words, damaged the
front door of the house with a granite stone and broke open the kitchen
door and entered into the house and destroyed the plastic dining table
and thereafter caught hold of the neck of the defacto complainant and
fisted two times on his chest, and thereby committed the offences
alleged.
4. Sri.Gopan R., the learned counsel for the petitioner, submitted that the
allegations are false and the petitioner has been falsely implicated as an
accused and that he has no involvement in the alleged crime.
BAIL APPL. NO. 8977 OF 2025
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5. Smt.Sreeja V., the learned Public Prosecutor opposed the bail application
and submitted that the allegations against the petitioner are serious in
nature and custodial interrogation is essential.
6. Petitioner is alleged to have assaulted the defacto complainant after
trespassing into the house.
7. Though the allegations are serious considering the absence of any
serious injuries inflicted, I am of the view that custodial interrogation of
the petitioner is not necessary.
8. 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.
9. Considering the aforesaid circumstances, I am of the view that petitioner
can be protected with an order of pre-arrest bail on conditions.
10. Accordingly, this application is allowed on the following
conditions:
(a) Petitioner shall appear before the Investigating Officer on
26.08.2025 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
BAIL APPL. NO. 8977 OF 2025
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bond for Rs.50,000/- (Rupees fifty thousand only) each 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 law, notwithstanding the bail having been
granted by this Court.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/13/08/2025
BAIL APPL. NO. 8977 OF 2025
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APPENDIX OF BAIL APPL. 8977/2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO. 734/2025 DATED
5.7.2025 OF MARAYAMUTTOM POLICE STATION.
ANNEXURE A2 TRUE COPY OF ORDER DATED 17.7.2025 IN
CRL.M.C. NO. 1928/2025 OF THE COURT OF THE
SESSIONS JUDGE, THIRUVANANTHAPURAM.
ANNEXURE A3 TRUE COPY OF MEDICAL RECORDS ISSUED BY THE
MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM.
ANNEXURE A4 TRUE COPY OF WOUND CERTIFICATE ISSUED BY DR.
AJITH KUMAR DATED 4.7.2025.
ANNEXURE A5 TRUE COPY OF ACKNOWLEDGMENT RECEIPT DATED
5.7.2025 ISSUED BY MARAYAMUTTOM POLICE
STATION.
ANNEXURE A6 TRUE COPY OF COMPLAINT FILED BY THE
PETITIONER BEFORE THE IG OF POLICE,
THIRUVANANTHAPURAM DATED 19.7.2025.
