Citation : 2025 Latest Caselaw 5982 Ker
Judgement Date : 23 August, 2025
B.A.No.10369 of 2025 1
2025:KER:64349
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
SATURDAY, THE 23RD DAY OF AUGUST 2025 / 1ST BHADRA, 1947
BAIL APPL. NO. 10369 OF 2025
CRIME NO.636/2025 OF Kodakara Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 19.08.2025 IN Bail
Appl. NO.9443 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.2:
AMMEER FAIZEL, AGED 28 YEARS
SON OF FAIZEL, AMBALATH HOUSE, CHALAKKUDY (P.O),
THRISSUR DISTRICT, PIN - 680307
BY ADVS. SRI.NIREESH MATHEW
SRI.VIVEK VENUGOPAL
SRI.BABU JOSE
SHRI.GAJENDRA SINGH RAJPUROHIT
SHRI.AKHIL GEORGE
SHRI.ATHUL POULOSE
RESPONDENT/COMPLAINANT-STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
BY SMT.SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.10369 of 2025 2
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BECHU KURIAN THOMAS, J.
......................................................
B.A.No.10369 of 2025
...................................................
Dated this the 23rd 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 second accused in Crime No.636 of
2025 of Kodakara Police Station, Thrissur, registered for the
offences punishable under Sections 126(2), 115(2), 118(1), 296(b)
and 110 r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to the prosecution, on 27.07.2025, the
accused assaulted the de facto complainant, who is blind in one
eye, with a wooden stick and thereby the accused committed the
offences alleged. Petitioner was arrested on 06.08.2025 and he has
been in custody since then.
4. Heard the learned Counsel for the petitioner as well as
the learned Public Prosecutor.
5. The learned counsel for the petitioner contended that
the prosecution allegations are false and that petitioner has been in
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custody since 06.08.2025 and he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail
application and submitted that petitioner ought not to be released
on bail.
7. Petitioner is alleged to have assaulted the de facto
complainant, who had an impairment of his vision in one eye.
Though petitioner is alleged to have assaulted the de facto
complainant with a weapon, the injuries noted are minor in nature.
Considering the period of detention already undergone by the
petitioner as well as the nature of injuries inflicted on him, I am of
the view that the continued detention of the petitioner is not
required in the circumstances of the case. Therefore, petitioner
ought to be released on bail.
In the result, this bail 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.
2025:KER:64349
(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
sp/23/08/2025
2025:KER:64349
APPENDIX OF BAIL APPL. 10369/2025
PETITIONER ANNEXURES
Annexure 1 TRUE PHOTO COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 636/2025 OF KODAKARA POLICE STATION DATED 28.07.2025 Annexure 2 TRUE PHOTO COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 635/2025 OF KODAKARA POLICE STATION DATED 28.07.2025 Annexure 3 TRUE PHOTOCOPY OF THE ORDER DATED 14.08.2025 IN CRL.MP.NO.9339/2025 PASSED BY THE JUDL. FIRST CLASS MAGISTRATE COURT-I, IRINJALAKUDA.
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