Kerala High Court
Jayaraj C.S vs State Of Kerala on 18 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.9309 of 2025 1
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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. 9309 OF 2025
CRIME NO.390/2025 OF Ambalamedu Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.2087 OF 2025 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - VII, ERNAKULAM
PETITIONERS/ACCUSED 1 TO 3:
1 JAYARAJ C.S., AGED 32 YEARS
S/O. SOMAN, CHIRAYIL HOUSE, KARIMUGAL,
PUTHENCRUZ P.O, ERNAKULAM, PIN - 682308
2 SHARAN ULLAS, AGED 28 YEARS
S/0. P.C ULLAS, PALAKKUZHY HOUSE, KARIMUGAL,
PUTHENCRUZ P.O, ERNAKULAM, PIN - 682308
3 KAMAL K.G., AGED 30 YEARS
S/O. GOPINATHAN, KOZHIPATTAYIL (H), KARIMUGAL,
PUTHENCRUZ P.O, ERNAKULAM, PIN - 682308
BY ADVS.
SRI.K.MOHAMMED RAFEEQ
SRI.BIBIN MATHEW
SRI.P.M.MATHEW
SRI.AMARNATH R LAL
SHRI.SANALDEV E.P.
SMT.VISHNUMAYA ANANDAN
SHRI.SONYMON ANTONY
SMT.SHIFANA M.
SHRI.ABHIJITH P.A.
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RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
AMBALAMEDU POLICE STATION,
ERNAKULAM DISTRICT, PIN - 682303
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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BECHU KURIAN THOMAS, J.
......................................................
B.A.No.9309 of 2025
...................................................
Dated this the 18th day of August, 2025
ORDER
This bail application is filed under section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners are accused 1 to 3 in Crime No.390 of 2025
of Ambalamedu Police Station, Ernakulam, registered for the
offences punishable under Sections 189(2), 191(2), 329(4), 126(2),
115(2), 118(1) and 190 of the Bharatiya Nyaya Sanhita, 2023.
3. According to the prosecution, on 07.07.2025 at about
11.30 p.m., the accused had trespassed into the rented house of
the de facto complainant and assaulted him with a wooden stick
and pieces of glass and thereby the accused committed the
offences alleged.
4. Heard Sri.K.Mohammed Rafeeq, the learned Counsel for
the petitioners as well as Sri.Prasanth M.P., the learned Public
Prosecutor.
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5. The learned counsel for the petitioners submitted that
petitioners have been falsely arrayed as accused and that they
have no involvement in the alleged crime and, therefore, they may
be granted anticipatory bail.
6. The learned Public Prosecutor opposed the bail
application and submitted that first petitioner is involved in
another crime as well, while the second petitioner is involved in
two other crimes and, therefore, custodial interrogation is
necessary.
7. Petitioners are alleged to have trespassed into the
rented house of the de facto complainant and assaulted him.
Though the allegations are serious, considering the nature of
injuries inflicted upon the de facto complainant, which are only
abrasions, I am of the view that an order of pre-arrest bail can be
granted to the petitioners.
8. In Ashok Kumar v. State of Union Territory of
Chandigarh, [2024 SCC OnLine SC 274], it has been held that a
mere assertion on the part of the State while opposing the plea for
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anticipatory bail that custodial interrogation is required would not
be sufficient and that the State would have to show or indicate
more than prima facie case as to why custodial interrogation of the
accused is required for the purpose of investigation.
9. Having regard to the facts and circumstances arising in
the case, this Court is of the view that custodial interrogation of
the petitioner is not required and that they are entitled to be
released on pre-arrest bail. The antecedents of the petitioners
need not deter this Court from granting bail to the petitioner in the
instant case.
Accordingly, this application is allowed on the following
conditions:
(a) Petitioners shall appear before the Investigating
Officer on 27.08.2025 and shall subject themselves to
interrogation.
(b) If after interrogation, the Investigating Officer
proposes to arrest the petitioners, then, they shall be
released on bail on each of them executing a bond for
Rs.50,000/- (Rupees fifty thousand only) with two solvent
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sureties each for the like sum before the Investigating
Officer.
(c) Petitioners shall appear before the Investigating
Officer as and when required and shall also co-operate
with the investigation.
(d) Petitioners shall not intimidate or attempt to influence
the witnesses; nor shall they tamper with the evidence.
(e) Petitioners shall not commit any similar offences while
they are 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
sp/19/08/2025
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APPENDIX OF BAIL APPL. 9309/2025
PETITIONER ANNEXURES
Annexure- 1 TRUE COPY OF THE FIR IN CRIME 390/2025 OF
AMBALAMEDU POLICE STATION
Annexure- 2 TRUE COPY OF THE BAIL ORDER IN CRL.MC
NO.2087/2025 DATED 29.07.2025 ON THE
FILES OF THE COURT OF SESSION, ERNAKULAM
