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Kerala High Court
Nirmal vs State Of Kerala on 26 December, 2025
2025:KER:98862
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 26TH DAY OF DECEMBER 2025 / 5TH POUSHA, 1947
BAIL APPL. NO. 14588 OF 2025
CRIME NO.864/2025 OF Anthikad Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 02.12.2025 IN Bail Appl.
NO.13307 OF 2025 OF HIGH COURT OF KERALA
PETITIONERS:
1 NIRMAL
AGED 26 YEARS
S/O UDAYAN K, KUTTALA HOUSE, MUTTTICHOOR PO, THRISSUR
DISTRICT., PIN - 680641
2 RAHUL
AGED 26 YEARS
S/O UNNIKRISHNAN P.R, PENNATTTU HOUSE, MUTTTICHOOR
PO, THRISSUR DISTRICT., PIN - 680641
BY ADVS.
SRI.P.SAMSUDIN
SHRI.JASNEED JAMAL
SMT.LIRA A.B.
SMT.DEVIKA E.D.
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM., PIN - 682031
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BAIL APPL. NO. 14588 OF 2025
2
OTHER PRESENT:
PP-SRI.G.SUDHEER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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BAIL APPL. NO. 14588 OF 2025
3
ORDER
This bail application is filed under Section 483 of the
Bharathiya Nagarik Suraksha Sanhita, 2023.
2. The petitioners are the accused Nos. 2 and 3 in
Crime No.864 of 2025 of Anthikkad Police Station, Thrissur. The
offences alleged against the petitioners are punishable under
Sections 126(2), 115(2), 118(1), 351(2), 324(4), 110 and 3(5) of
the Bharathiya Nagarik Suraksha Sanhita, 2023.
3. The prosecution case is that on 03.10.2025, at
around 6.30 p.m., accused 1 to 4 trespassed in to the house of the
de-facto complainant at Muttichur and thereafter the 1 st accused hit
on the head of the de-facto complainant with a metal stick and
caused injuries. Accused also damaged the car parked in the
courtyard of the said house.
4. The learned counsel for the petitioners submitted
that the accused are innocent; that they are falsely implicated. It
was further contended that even as per the FIS, the overt acts is
only against A1 and not against A2 and A3. It was further submitted
that the accused are in judicial custody from 08.12.2025, and
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BAIL APPL. NO. 14588 OF 2025
therefore their further detention is not necessary, and they may be
released on bail.
5. The learned public prosecutor, on the other hand,
objected to the bail application on the ground that, there are criminal
antecedents against petitioners/accused Nos. 2 and 3, and therefore
if they are released on bail, they may indulge in similar offences.
6. As per the FIS, it was A1, who was armed with a
metal stick hit the de-facto complainant with the said metal stick and
caused injuries to the de-facto complainant. The allegation against
the petitioners who are A2 and A3 is that they caused damage to the
car parked in the courtyard of the house of the de-facto complainant.
7. Having regard to the overt acts alleged against the
accused and regard being had to the period of detention undergone
by the accused and the progress made in the investigation, I am of
the opinion that, further detention of the petitioners/A2 & A3 is not
necessitated and grant of bail will not cause any impediment in the
process of investigation and a fair and full probe can be well ensured
by granting bail to the petitioners/A2 and A3 by imposing necessary
condition:
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BAIL APPL. NO. 14588 OF 2025
1. Petitioners/accused Nos.2 and 3 shall be
released on bail on 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
jurisdictional Court.
2. Petitioners/accused Nos. 2 and 3 shall appear
before the Investigating Officer for interrogation as and
when required. The petitioner shall co-operate with the
investigation and shall not, directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade
him/her from disclosing such facts to the Court or to any
police officer.
3. Petitioners/accused Nos. 2 and 3 shall not leave
India without permission of the jurisdictional Court.
4. Petitioners/accused Nos. 2 and 3 shall not
commit an offence similar to the offence of which she is
accused, or suspected, of the commission of which she is
suspected.
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BAIL APPL. NO. 14588 OF 2025
5. If any of the above conditions are violated by
the petitioner, the jurisdictional Court can cancel the bail
in accordance with law, even though the bail is granted
by this Court.
Sd/-
M.B. SNEHALATHA
JUDGE
mus
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BAIL APPL. NO. 14588 OF 2025
APPENDIX OF BAIL APPL. NO. 14588 OF 2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO. 864/2025 OF
THE ANTHIKKAD POLICE STATION.
ANNEXURE A3 TRUE COPY OF THE ORDER DATED 09-12-2025 IN
CMP 6804/2025 OF THE JFCM II, THRISSUR
