Kerala High Court
Ali Safvan vs State Of Kerala on 22 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.8607 of 2025 1
2025:KER:64646
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 22ND DAY OF AUGUST 2025 / 31ST SRAVANA, 1947
BAIL APPL. NO. 8607 OF 2025
CRIME NO.501/2025 OF Vazhakkad Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED 07.07.2025 IN CRMC NO.661 OF
2025 OF DISTRICT COURT& SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, MANJERI
PETITIONER/ACCUSED NO.4:
ALI SAFVAN, AGED 26 YEARS
S/O. ALAVIKUTTY, PALAKKULATH MULAKKALAKANDI HOUSE,
OLAVATTUR POST, KONDOTTY, MALAPPURAM, PIN - 673638
BY ADVS.
SRI.K.K.DHEERENDRAKRISHNAN
SMT.N.P.ASHA
SHRI.ABDUSSAMAD K.K.
RESPONDENT/STATE:
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
22.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.8607 of 2025 2
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BECHU KURIAN THOMAS, J.
......................................................
B.A.No.8607 of 2025
...................................................
Dated this the 22nd 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 fourth accused in Crime No.501 of 2025
of Vazhakkad Police Station, Malappuram, registered for the
offences punishable under Sections 189(2), 191(2), 191(3), 329(3),
115(2), 118(1), 118(2) and 110 r/w Section 190 of the Bharatiya
Nyaya Sanhita, 2023.
3. According to the prosecution, on 22.06.2025 at about
12.45 a.m., the accused had, due to a previous animosity with the
de facto complainant, formed themselves into an unlawful
assembly, called him out of his house and attacked him and his
friend with a wooden plank, resulting in four fractures on the de
facto complainant and his friend and thereby the accused
committed the offences alleged.
4. Heard Sri.K.K.Dheerendrakrishnan, the learned Counsel
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for the petitioner as well as Smt.Sreeja V., the learned Public
Prosecutor.
5. The learned counsel for the petitioner submitted that
the prosecution allegations are false and that petitioner has been
wrongly arrayed as accused and, therefore, he may be granted
anticipatory bail.
6. The learned Public Prosecutor opposed the bail
application and submitted that custodial interrogation is necessary.
7. Petitioner, along with the other accused, is alleged to
have assaulted the de facto complainant resulting in four fractures
on him and another injured person. The wound certificate handed
over across the Bar by the learned Public Prosecutor reveals that
there was a fracture on the transverse process of L1 vertebrae on
Sri.Sabith, while Sri.Junaid, the de facto complainant sustained a
comminuted fracture on the lateral wall of left orbital and another
comminuted displaced fracture on the left maxillary sinus and
further an undisplaced fracture on the nasal bone. Those injuries
were inflicted apparently at the house of the de facto complainant
and they are all grievous in nature.
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8. Though the learned Counsel for the petitioner
vehemently contended that the nature of overt acts alleged against
the petitioner could not have caused the fractures as alleged, I am
of the view that those are matters to be identified during
interrogation. However, on a perusal of the statement of the de
facto complainant, it is noticed that the specific overt acts alleged
against the petitioner is an assault with a stone on the left eye. No
corresponding injury on the face of the de facto complainant is
noticed in the wound certificate.
9. The contention of the petitioner that an offence under
Section 110 of BNS will not be attracted for the overt acts alleged
against him is a matter that has to be identified during
investigation. Of course, the contention that petitioner himself had
suffered two fractures as revealed from the original wound
certificate handed over by the learned Public Prosecutor across the
Bar is also a matter to be identified. However, the timing of the visit
to the hospital and also the nature of injuries initially recorded by
the private hospital, wherein the petitioner visited, do not indicate
any fracture as such. Since the nature of allegations indicate
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serious offences, I am of the view that, this is not a fit case where
petitioner could be protected with an order of pre-arrest bail.
10. However, if petitioner surrenders before the
Investigating Officer on 01.09.2025 and if, after interrogation, the
Investigating Officer arrests the petitioner, then he shall be
produced before the jurisdictional Magistrate without undue delay.
Further, if any bail application is filed by him, the same shall be
considered at the earliest, preferably on the same day itself,
bearing in mind the nature of injuries sustained by the de facto
complainant as well as the injuries allegedly sustained by the
petitioner.
This bail application is dismissed with the above
observations.
Sd/-
BECHU KURIAN THOMAS
JUDGE
sp/22/08/2025
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APPENDIX OF BAIL APPL. 8607/2025
PETITIONER ANNEXURES
Annexure-I A TRUE COPY OF THE FIR IN CRIME
NO.501/2025 OF VAZHAKKAD POLICE STATION
Annexure-II A TRUE COPY OF THE TREATMENT CERTIFICATES
AND RESULT OF DIAGNOSIS
Annexure-III A TRUE COPY OF THE COMPLAINANT SUBMITTED
BY THE PETITIONER BEFORE THE DISTRICT
POLICE CHIEF, MALAPPURAM DATED 25.06.2025
Annexure-IV CERTIFIED COPY OF THE ORDER DATED
07.07.2025 IN CRL MC NO. 661/2025 PASSED
BY COURT OF SESSIONS, MANJERI
Annexure-V A TRUE COPY OF THE RECEIPT FOR THE
ANNEXURE-III COMPLAINT DATED 25.06.2025
Annexure-VI A TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE APPLICANT/ PETITIONER BEFORE THE DGP,
THIRUVANANTHAPURAM DATED 25.06.2025
Annexure-VII A TRUE COPY OF THE RECEIPT OF THE
COMPLAINT SUBMITTED BY THE APPLICANT/
PETITIONER BEFORE THE DGP,
THIRUVANANTHAPURAM DATED 25.06.2025
Annexure-VIII A TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE APPLICANT/ PETITIONER BEFORE THE
COMPLAINT BEFORE THE SHO, VAZHAKKAD
POLICE STATION ON 25.06.2025
