[Cites 6, Cited by 0]
Kerala High Court
Ajeesh. V vs State Of Kerala on 4 December, 2025
Author: K. Babu
Bench: K. Babu
B.A.No.13478 of 2025
1
2025:KER:93872
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 4TH DAY OF DECEMBER 2025 / 13TH AGRAHAYANA,
1947
BAIL APPL. NO. 13478 OF 2025
CRIME NO.1435/2025 OF Petta Police Station,
THIRUVANANTHAPURAM
PETITIONER(S)/ACCUSED:
AJEESH. V,
AGED 44 YEARS
S/O VISHWANATHAN,DEVAGIRI VEEDU,
ARA-133, ANAYARA,KADAKAMPALLY WARD,
KADAKAMPALLY VILLAGE,
THIRUVANANTHAPURAM, PIN - 695029
BY ADVS.
SHRI.K.ARAVIND MENON
SRI.P.VIJAYA BHANU (SR.)
SRI.P.M.RAFIQ
SRI.M.REVIKRISHNAN
SRI.AJEESH K.SASI
SRUTHY N. BHAT
SMT.SRUTHY K.K
SMT.NANDITHA S.
SHRI.AARON ZACHARIAS BENNY
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SRI. SANAL P. RAJ,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.13478 of 2025
2
2025:KER:93872
K. BABU, J.
---------------------------------------------------
B.A.No.13478 of 2025
----------------------------------------------------
Dated this the 4th day of December 2025
ORDER
This is an application filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
2. The petitioner is the sole accused in Crime
No.1435/2025 of Pettah Police Station. The offences alleged against
the petitioner are punishable under Sections 126(2), 296(b), 115(2),
118 and 110 of the Bharatiya Nyaya Sanhita (BNS).
3. The prosecution case, as narrated in Annexure 2
order, reads thus-
" On 20.10.2025 at about 00:30 hours, in a pathway near
Oolankuzhi, Junction in Kadakampalli Village, the accused
wrongfully restrained the defacto complainant, uttered
abusive words against him, and by using his hand beat the
defacto complainant on various parts of his body. Thereafter,
the accused by using an iron rod beat the defacto complainant
on his head, causing injuries, and hit his head towards the
wall. when the defacto complainant fell down, the accused
again beat him on his head using the iron rod, and the defacto
complainant evaded the said attack." [sic]
2025:KER:93872
4. The case of the petitioner as discernible from
Annexure 2 order, reads thus-
"The petitioner and the defacto complainant are
neighbours and they belong to two rival groups of the
administrative committee of Kizhakkathil Bhagavathy Temple
Trust. on 19.10.2025, while the petitioner and others were
burning crackers in the compound of their house, a wordy
altercation occurred between the petitioner and the defacto
complainant, and thereafter, a scuffle occurred between the
family of the petitioner and the defacto complainant, and
during that time, the defacto complainant lost his balance and
fell down, causing injuries on his head. Thereafter, on the
basis of the complaint filed by the wife of the petitioner, a
case was registered as crime No. 1438/2025 by the Pettah
Police Station. In connection with the dispute relates to the
functioning of Kizhakkathil Bhagavathy Temple Trust, cases
were registered in the Pettah Police Station as Crime
Nos.668/2025 and 476/2024. The petitioner and others filed a
petition before the Hon'ble High Court of Kerala as W.P(C)
No.29387/2025 seeking police protection and the same was
disposed of directing that if they face any threat they will be
free to bring to notice to the Station House Officer, Pettah.
The petitioner has produced copy of the judgment dated
08.08.2025 in W.P.(C) No.29387/2025 of the Hon'ble High
Court of Kerala." (sic)
5. I have heard the learned senior counsel for the
petitioner and the learned public prosecutor.
6. The learned senior counsel for the petitioner
2025:KER:93872
submitted that the present crime has been registered as a counter blast
to the complaint filed by the wife of the petitioner based on which,
Crime No.1438/2025 was registered by the police.
7. The learned Public Prosecutor opposed the bail
application on the ground that the petitioner has criminal antecedents.
8. The learned senior counsel for the petitioner
countered and submitted that though the petitioner was implicated as
accused in three crimes, he was acquitted in one case and the FIR and
further proceedings were quashed by this Court in the other crimes.
9. I have gone through the materials placed before the
Court. I find that chances of false implication cannot be ruled out.
The petitioner has established a prima facie case.
10. While considering the scope of jurisdiction under
Section 438 Cr.P.C., the Constitution Bench of the Apex Court in
Gurbaksh Singh Sibbia & Ors. v. State of Punjab [(1980) 2
SCC 565] held thus:
"31. In regard to anticipatory bail, if the proposed
accusation appears to stem not from motives of
furthering the ends of justice but from some ulterior
motive, the object being to injure and humiliate the
applicant by having him arrested, a direction for the
release of the applicant on bail in the event of his
arrest would generally be made. On the other
hand, if it appears likely, considering the
2025:KER:93872
antecedents of the applicant, that taking advantage of
the order of anticipatory bail he will flee from
justice, such an order would not be made. But the
converse of these propositions is not necessarily
true. That is to say, it cannot be laid down as an
inexorable rule that anticipatory bail cannot be
granted unless the proposed accusation appears to be
actuated by mala fides; and, equally, that
anticipatory bail must be granted if there is no fear
that the applicant will abscond. There are several
other considerations, too numerous to enumerate,
the combined effect of which must weigh with the
court while granting or rejecting anticipatory bail.
The nature and seriousness of the proposed
charges, the context of the events likely to lead to the
making of the charges, a reasonable possibility of the
applicant's presence not being secured at the
trial, a reasonable apprehension that witnesses will
be tampered with and "the larger interests of the
public or the State" are some of the considerations
which the court has to keep in mind while
deciding an application for anticipatory bail. The
relevance of these considerations was pointed out in
State v. Captain Jagjit Singh [AIR 1962 SC 253 :
(1962) 3 SCR 622 : (1962) 1 Cri LJ 216] , which,
though, was a case under the old Section 498
which corresponds to the present Section 439 of the
Code. It is of paramount consideration to remember
that the freedom of the individual is as necessary for
the survival of the society as it is for the egoistic
purposes of the individual. A person seeking
anticipatory bail is still a free man entitled to the
presumption of innocence. He is willing to submit
to restraints on his freedom, by the acceptance of
conditions which the court may think fit to impose,
in consideration of the assurance that if arrested, he
shall be enlarged on bail."
11. In Siddharam Satlingappa Mhetre v. State of
Maharashtra [(2011) 1 SCC 694] the Apex Court held thus:-
2025:KER:93872
"113. Arrest should be the last option and it should
be restricted to those exceptional cases where
arresting the B.A.Nos.5010 of 2021 & Connected
cases 40 accused is imperative in the facts and
circumstances of that case. The court must carefully
examine the entire available record and particularly
the allegations which have been directly attributed to
the accused and these allegations are corroborated
by other material and circumstances on record."
(In Sushila Aggarwal v. State (NCT of Delhi) [(2020) 5 SCC 1])
the declaration of law in Siddharam Satlingappa Mhetre (Supra)
that no condition can be imposed while granting order of
anticipatory bail alone was overruled)
12. In Sushila Aggarwal (Supra), the Constitution
Bench of the Apex Court, following the decision in Gurbaksh Singh
Sibbia (Supra), held that while considering an application (for grant
of anticipatory bail) the Court has to consider the nature of the
offence, the role of the person, the likelihood of his influencing the
course of investigation, or tampering with evidence (including
intimidating witnesses), likelihood of fleeing justice (such as
leaving the country), etc.
13. Having considered the entire circumstances on the
touchstone of the principles discussed above, I am of the view that
2025:KER:93872
the petitioner is entitled to anticipatory bail.
14. In the result, the Bail Application is allowed as
follows:
(a) The petitioner shall appear before the Investigating
Officer on 18.12.2025 between 2.00 P.M. and 3.00 P.M.
for interrogation. In the event of his arrest, he shall 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.
(b) The petitioner shall appear before the Investigating
Officer as and when required.
(c) The petitioner shall not influence the witnesses or
tamper with the evidence.
d) The petitioner shall fully co-operate with the
investigation, including subjecting himself to 'deemed
custody' as observed in Gurbaksh Singh Sibbia v.
State of Punjab [(1980) 2 SCC 565] and Sushila
Aggarwal v. State (NCT of Delhi) [(2020) 5 SCC 1].
(e) The petitioner shall not commit any similar offence
while on bail.
(f) If any of the bail conditions are violated by the
2025:KER:93872
petitioner, the jurisdictional court will be at liberty
to cancel the bail, in accordance with law.
Sd/-
K. BABU, JUDGE
Jms
2025:KER:93872
APPENDIX OF BAIL APPL. NO. 13478 OF 2025
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FIR IN CRIME NO.
1435/2025 OF THE PETTAH POLICE STATION,
THIRUVANANTHAPURAM
Annexure 2 A TRUE COPY OF THE ORDER OF THE COURT
OF SESSIONS JUDGE, THIRUVANANTHAPURAM
IN CRL. M.C NO. 3246/2025 DATED
03/11/2025
Annexure 3 A TRUE COPY OF THE FIR IN CRIME NO.
1438/ 2025 OF THE PETTAH POLICE STATION
Annexure 4 A TRUE COPY OF THE FIR IN CRIME
NO.476/2024 OF THE PETTAH POLICE
STATION
Annexure 5 A TRUE COPY OF THE FIR IN CRIME NO.
668/2025 OF THE PETTAH POLICE STATION
Annexure 6 A TRUE COPY OF THE DEATH INTIMATION OF
THE APPLICANT'S MOTHER
Annexure 7 A TRUE COPY OF THE DEATH CONFIRMATION
CERTIFICATE OF THE APPLICANT'S MOTHER
WHICH WAS ISSUED BY ASTRIX HEALTHCARE
DATED 02/11/2025
