Kerala High Court
Abdulla K B @ Abdu vs State Of Kerala on 18 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:61934
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 18TH DAY OF AUGUST 2025 / 27TH SRAVANA, 1947
BAIL APPL. NO. 9342 OF 2025
CRIME NO.212/2025 OF ALOOR POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED 17.06.2025 IN BAIL APPL.
NO.5141 OF 2025 OF HIGH COURT OF KERALA.
PETITIONER:
ABDULLA K B @ ABDU.,
AGED 33 YEARS,
S/O BIJILI, KANJIPARAMBIL HOUSE, MANNAM P O,
ERNAKULAM, PIN - 683 520.
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SHRI.ANILKUMAR C.R.
SMT.DIPA V.
SHRI.K.S.KIRAN KRISHNAN
SHRI.AKASH CHERIAN THOMAS
SHRI.AZAD SUNIL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA (CRIME NO 212/2025 OF ALOOR
POLICE STATION, THRISSUR), PIN - 682 031.
2 ANANTHU K S,
AGED 25 YEARS,
Bail Appl. No.9342 of 2025
2025:KER:61934
-2-
S/O SANTHOSH K K, KOAZHIPARAMBIL HOUSE,
PADIYOOR P O, PIN - 680 688.
BY ADV SHRI.ANAND KALYANAKRISHNAN
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.9342 of 2025
2025:KER:61934
-3-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.9342 of 2025
------------------------------------
Dated this the 18th day of August, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the first accused in Crime No. 212/2025 of
Aloor Police Station registered for the offences punishable under
sections 140(1), 115(2), 118(1), 110, 124(2), 127(2), 310(2) of
Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. The prosecution case is that the accused had, on
25.12.2024, kidnapped the de facto complainant and inflicted injuries,
and robbed him of a sum of Rs.14,60,000/- and also inflicted injury and
poured a substance referred to as 'thinner' on to that injury and
thereby committed the offences alleged. Petitioner was arrested on
15.07.2025 and has been in custody since then.
4. Heard the learned counsel for the petitioner as well as
the learned Public Prosecutor.
5. Though, the prosecution itself alleges that a thinner was
used, the offence alleged against the petitioner is under Section
124(2) which speaks about the use of acid. Since there is a doubt
2025:KER:61934
whether a thinner which is a solvent, can be treated as an acid, the
learned Public Prosecutor submitted that Explanation 1 to Section
124(2) specifically states that the term 'acid' will include not only
those with acidic or corrosive character, but also those of a burning
nature which is capable of causing bodily injury, leading to scars or
disfigurement and hence, a thinner will fall within that category.
Since, the aforesaid question, whether a thinner will fall within the
category of an acid is a matter to be decided at the time of trial, I am
not entering into a finding on that. The de facto complainant has
entered appearance before this Court, and it was submitted on his
behalf that the matter has been settled, and a notarized affidavit has
also been produced.
6. However, considering the period of detention already
undergone by the petitioner from 15.07.2025 and also taking into
reckoning the circumstance that, despite the incident having occurred
on 25.12.2024, crime was registered only on 01.03.2025, the
continued detention is not necessary, and the petitioner can be
released on bail.
In the result, this application is allowed on the following
conditions:-
(a) Petitioner shall be released on bail on him 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.
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(b) Petitioner shall appear before the Investigating Officer
as and when required.
(c) Petitioner shall not intimidate or attempt to influence
the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he
is on bail.
(e) Petitioner shall not leave India without the permission of
the Court having jurisdiction.
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
ADS
2025:KER:61934
APPENDIX OF BAIL APPL. 9342/2025
PETITIONER ANNEXURES
Annexure-I A NOTARIZED AFFIDAVIT OF THE 2ND
RESPONDENT/ DEFACTO COMPLAINANT.
Annexure-II A PHOTO OF THE PETITIONER.
Annexure-III A TRUE COPY OF THE RTI APPLICATION DATED
19.07.2025.
Annexure-IV AN ACCUSED COPY OF THE ORDER DATED
28.07.2025 IN CRL MC NO 1083/2025.
