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Kerala High Court
Nijauddin Mia vs State Of Kerala on 3 December, 2025
Author: K.Babu
Bench: K. Babu
B.A.No. 12994 of 2025 1
2025:KER:93503
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH AGRAHAYANA, 1947
BAIL APPL. NO. 12994 OF 2025
CRIME NO.240/2024 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.714 OF 2024 OF
ADDITIONAL DISTRICT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, MUVATTUPUZHA
PETITIONER/ACCUSED:
NIJAUDDIN MIA
AGED 35 YEARS
S/O RAJAKUL ISLAM, GUABAR NAGAR VILLAGE, FALAKATA
BLOCK, ALIPURDUAR DISTRICT, WEST BENGAL, PIN -
735216.
BY ADVS.
SHRI.T.A.AJMAL HUSSAIN
SHRI.ARUNRAJ S.
SRI.K.A.ABIDALI
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031.
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION
SRI.C.K. SURESH,SR.PP TO ADGP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No. 12994 of 2025 2
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K.BABU, J.
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B.A.No. 12994 of 2025
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Dated this the 03rd day of December, 2025
ORDER
This is an application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
2. The petitioner is the sole accused in Crime No.240/2024
of Muvattupuzha Police Station. The offence alleged against the
petitioner is punishable under Section 302 of the Indian Penal code,
1860, which is now pending as S.C. No.714/2024 on the file of the
Additional Sessions Court, Muvattupuzha.
3. The prosecution case as narrated in Annexure A3 order
reads thus:
"Due to previous enmity on 05.02.2024 on 11.30
pm the accused stabbed at the chest of Rakkibul
with a knife and thereby caused his death." [sic.]
4. The petitioner was arrested on 06.02.2024, and he has
been in judicial custody since then.
5. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
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6. The case of the petitioner is that as the investigation is
over, the further detention of the petitioner is not required.
7. The learned counsel for the petitioner submitted that the
continued detention of the petitioner will affect him in defending his
case.
8. The learned Senior Public Prosecutor vehemently
opposed the bail application of the petitioner, contending that if the
petitioner is released on bail, there is every possibility that he will
abscond, as he is a native of West Bengal. The learned Senior Public
Prosecutor submitted that the Investigating Officer has submitted
the final report, and the matter is pending before the Additional
Sessions Court, Muvattupuzha, as S.C. No. 714/2024.
9. The ground canvassed to oppose the bail application is
that the petitioner is from West Bengal.
10. The petitioner has given an undertaking that he will
cooperate with the trial.
11. The trial may take years to complete.
12. The principle that bail is the rule and jail is the exception
has been well recognized by judicial pronouncements. This is the
principle underlined in Article 21 of the Constitution of India.
13. There cannot be an inexorable formula in the matter of
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granting bail. The facts and circumstances of each case will govern
the exercise of judicial discretion in granting or cancelling bail.
{Vide: Gurcharan Singh v. State (Delhi Admn.) [(1978) 1 SCC
118]}
14. The issue of bail is one of liberty, justice, public safety
and burden of the public treasury, all of which insist that a
developed jurisprudence of bail is integral to a socially sensitised
judicial process. Personal liberty, deprived when bail is refused, is
too precious a value of our constitutional system recognised under
Article 21 that the curial power to negate it is a great trust
exercisable, not casually but judicially, with lively concern for the
cost to the individual and the community. After all, personal liberty
of an accused or convict is fundamental, suffering lawful eclipse only
in terms of "procedure established by law" {Vide: Gudikanti
Narasimhulu v. State [(1978) 1 SCC 240]}.
15. In bail applications, generally, it has been laid down
from the earliest times that the object of bail is to secure the
appearance of the accused person at his trial by reasonable amount
of bail. The object of bail is neither punitive nor preventative.
Deprivation of liberty must be considered a punishment, unless it is
required to ensure that an accused person will stand his trial when
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called upon. The courts owe more than verbal respect to the
principle that punishment begins after conviction, and that every
man is deemed to be innocent until duly tried and duly found guilty
{Vide: Sanjay Chandra v. CBI [(2012) 1 SCC 40]}.
16. Having regard to the circumstances highlighted, the
nature of the allegations, stage of the investigation and the tenure
of judicial custody undergone by the petitioner, I am of the view that
the petitioner is entitled to be released on bail, on conditions.
In the result, the Bail Application is allowed as follows:
(a) The petitioner is ordered to be released on bail on
his executing bond for Rs.50,000/- (Rupees Fifty
Thousand Only) with two solvent sureties each for
the like sum to the satisfaction of the jurisdictional
court.
(b) The petitioner shall regularly appear before the
trial court
(c) The petitioner shall not leave the State of Kerala
without the permission of the jurisdictional Court.
(d) The petitioner shall surrender his passport before
the jurisdictional Court. If the petitioner has no
passport, he shall file an affidavit to that effect.
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(e) The petitioner shall not try to influence the
prosecution witnesses or attempt to tamper with
the evidence.
(f) The petitioner shall not commit any similar offence
while on bail.
(g) If any of the bail conditions are violated by the
petitioner, the jurisdictional court will be at liberty
to cancel the bail, in accordance with law.
Sd/-
K.BABU, JUDGE
mea
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APPENDIX OF BAIL APPL. NO. 12994 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF FIR AND FIS IN CRIME NO.
240/2024 OF MUVATTUPUZHA POLICE STATION
Annexure A2 TRUE COPY OF RELEVANT PAGES OF CHARGE
SHEET IN SC NO. 714/2024 ON THE FILE
PENDING BEFORE HON'BLE ADDL. DISTRICT AND
SESSIONS COURT- MUVATTUPUZHA
Annexure A3 TRUE COPY OF THE ORDER IN CRL MP NO.
418/2024 DATED 18.09.2025 OF THE ADDL
DISTRICT AND SESSION JUDGE- AT
MUVATTUPUZHA
