Kerala High Court
Hariprasad vs State Of Kerala on 21 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
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B.A. No.9500 of 2025 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
BAIL APPL. NO. 9500 OF 2025
CRIME NO.904/2025 OF Kunnamkulam Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 02.08.2025 IN CMP
NO.3827 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
KUNNAMKULAM
PETITIONER/ACCUSED 1 TO 8:
1 HARIPRASAD
AGED 26 YEARS
S/O. STHYAN, KALRICKAL HOUSE, CHEMMANOOR DESOM,
ARTHAT VILLAGE, KUNNAMKULAM, THRISSUR, PIN - 680503
2 PRANAV
AGED 26 YEARS
S/O.SURESH, MADATHINKAL HOUSE, CHEMMANOOR DESOM,
ARTHAT VILLAGE, KUNNAMKULAM , THRISSUR, PIN -
680503
3 ARJUN
AGED 22 YEARS
S/O.SIVARAMAN, PANNICKASERY PARAMBIL HOUSE,
CHEMMANNOOR DESOM, ARTHAT VILLAGE, KUNNAMKULAM,
THRISSUR, PIN - 680503
4 SAJITH
AGED 27 YEARS
S/O. UNNIKRISHNAN, PONNARASERY HOUSE, GURUVAYOOR
VILLAGE, THRISSUR, PIN - 680101
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B.A. No.9500 of 2025 :2:
5 ARIF
AGED 22 YEARS
S/O. MUHAMMED, PUTHUVEETIL HOUSE, CHEMMANOOR DESOM,
ARTHAT VILLAGE, KUNNAMKULAM, THRISSUR, PIN - 680503
6 RABIN
AGED 33 YEARS
S/O.RAMADAS, PANNICKASERY HOUSE, CHEMMANOOR DESOM,
ARTHAT VILLAGE, KUNNAMKULAM, THRISSUR, PIN - 680503
7 SREEJITH
AGED 31 YEARS
S/O. THILAKAN, OOTU-MADATHIL HOUSE, CHEMMANNOR
DESOM, ARTHAT, KUNNAMKULAM, THRISSUR, PIN - 680503
8 ANVI @ APPU
AGED 25 YEARS
S/O.ANTO, KAITHAKKAL HOUSE, CHEMMANOOR DESOM,
ARTHAT VILLAGE, KUNNAMKULAM, THRISSUR, PIN - 680503
BY ADVS.
SHRI.K.N.ABHILASH
SHRI.SUNIL NAIR PALAKKAT
SHRI.RISHI VARMA T.R.
SHRI.RITHIK S.ANAND
SHRI.SREEJITH A.
SMT.TEENA M. ASHOK
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
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B.A. No.9500 of 2025 :3:
2 STATION HOUSE OFFICER
KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT,
PIN - 680503
OTHER PRESENT:
ADV.SMT.SREEJA V - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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B.A. No.9500 of 2025 :4:
BECHU KURIAN THOMAS, J.
-- -- -- -- -- -- -- -- -- -- -- -- --
B.A. No.9500 of 2025
-- -- -- -- -- -- -- -- -- -- -- -- --
Dated this the 21st 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 to 8 in Crime No.904/2025 of
Kunnamkulam police station registered for the offences punishable under
Sections 189(2), 191(2), 191(3), 115(2), 118(1), 109, 351(3), and 190 of the
Bharatiya Nyaya Sanhita, 2023(BNS).
3. The prosecution case is that the accused assaulted the defacto
complainant on 27.07.2025 and the 1st accused hit the defacto complainant
with a hammer on his head leading to serious injuries and thereby the
accused committed the offences alleged. Petitioners were arrested on
29.07.2025 and they have been in custody, since then.
4. Heard the learned counsel for the petitioner as well as the learned
Public Prosecutor.
5. On a reading of the FIR, it is seen that the accused have assaulted
the defacto complainant using a helmet, while the 1 st accused took out a
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hammer and hit the defacto complainant on his head, resulting in serious
injury. The remaining accused have also used their hands to assault the
defacto complainant.
6. Though the allegations are serious as against all the accused, since
the 1st accused is alleged to have used a dangerous weapon, I am of the view
that the case against him has to be treated differently. As far as accused
Nos.2 to 8 are concerned, since the nature of overt acts reflect that they have
not used any weapon of offence and considering the period of custody
already undergone by them, those accused can be released on bail.
7. As far as the 1st accused is concerned, since the offence under
Section 109 BNS has been incorporated and he is alleged to have used a
hammer to inflict a head-injury on the defacto complainant, I am of the view
that the said accused cannot be granted bail. Though the learned Public
Prosecutor pointed out that the 4th petitioner is involved in 4 other crimes,
while petitioners 5, 7 and 8 are involved in one other crime each, I am of the
view that considering the period of custody already undergone and the nature
of allegations in the present case, those antecedents need not deter this
Court from granting bail to those petitioners.
In the result, this bail application is allowed in part. The bail application
of the 1st petitioner is dismissed, while the bail application of petitioners 2 to 8
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are allowed on the following conditions:-
(a) Petitioners 2 to 8 shall be released on bail on them executing a
bond for Rs.50,000/- (Rupees fifty thousand only) each, with two
solvent sureties each for the like sum to the satisfaction of the
court having jurisdiction.
(b) Petitioners 2 to 8 shall appear before the Investigating Officer
as and when required.
(c) Petitioners 2 to 8 shall not intimidate or attempt to influence
the witnesses; nor shall they tamper with the evidence.
(d) Petitioners 2 to 8 shall not commit any similar offences while
they are on bail.
(e) Petitioners 2 to 8 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 the law, notwithstanding the bail
having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
sm/
2025:KER:63243
APPENDIX OF BAIL APPL. 9500/2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR NO. 904/2025 OF
THE KUNNAMKULAM POLICE STATION, THRISSUR
DISTRICT
Annexure A2 THE TRUE COPY OF FIR NO. 905/2025 DATED
28.07.2025 OF THE KUNNAMKULAM POLICE
STATION, THRISSUR DISTRICT
Annexure A3 THE TRUE COPY OF THE DISCHARGE SUMMARY
DATED 29.05.2025 ISSUED BY DAYA ROYAL
HOSPITAL AND TRAUMA CENTRE IN RESPECT OF
THE 2ND PETITIONER
Annexure A4 THE TRUE COPY OF THE DISCHARGE SUMMARY
DATED 29.05.2025 ISSUED BY DAYA ROYAL
HOSPITAL AND TRAUMA CENTRE IN RESPECT OF
THE 3RD PETITIONER
Annexure A5 THE TRUE COPY OF THE DISCHARGE SUMMARY
DATED 29.05.2025 ISSUED BY THE BY DAYA
ROYAL HOSPITAL AND TRAUMA CENTRE IN
RESPECT OF THE 5TH PETITIONER
Annexure A6 THE TRUE COPY OF THE DISCHARGE SUMMARY
DATED 29.05.2025 ISSUED BY DAYA ROYAL
HOSPITAL AND TRAUMA CENTRE IN RESPECT OF
THE 6TH PETITIONER
Annexure A7 THE TRUE COPY OF THE ORDER IN CMP NO.
3827/2025 DATED 02.08.2025 OF THE JFCM,
KUNNAMKULAM
