Kerala High Court
Asha P.K vs State Of Kerala on 15 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
[Bail Appl. Nos.6075/2025, 7520/2025]
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
BAIL APPL. NO. 6075 OF 2025
CRIME NO.236/2025 OF Thrikkakara Police Station, Ernakulam
PETITIONER/ ACCUSED NO.3 :
ASHA P.K
AGED 54 YEARS
C/O. K.K. JAYAN,
32/1486, B-5, MALABAR APARTMENTS,
KHADER HAJI ROAD,
NEAR GALAXY EDIFICE FLAT,
THRIKKAKARA, KAKKANAD P.O.,
ERNAKULAM DISTRICT,
PIN - 682021
BY ADVS.
SRI.JOSEPH MARY DAS
SMT.ANU ABRAHAM
SMT.DEVIKA S.
SMT.ANSILA.P.B.
SMT.ARCHANA SUBHASH K.
SHRI.YESWANTH C.R.
SHRI.BIMAL V. BIJU
RESPONDENTS :
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
SESSIONS COURT, ERNAKULAM,
PIN - 682011
[Bail Appl. Nos.6075/2025, 7520/2025]
2
2025:KER:52425
2 THE STATION HOUSE OFFICER
THRIKKAKARA POLICE STATION,
KAKKANAD P.O.,
ERNAKULAM,
PIN - 682030
SRI. NOUSHAD K. A., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.07.2025, ALONG WITH Bail Appl..7520/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
[Bail Appl. Nos.6075/2025, 7520/2025]
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2025:KER:52425
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
BAIL APPL. NO. 7520 OF 2025
CRIME NO.236/2025 OF Thrikkakara Police Station, Ernakulam
AGAINST THE ORDER JUDGMENT DATED 15.07.2025 IN Bail
Appl. NO.6075 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ 1ST ACCUSED :
1 MIDHUN K JAYAN
AGED 27 YEARS
S/O JAYAN, ANNIES VILLA,
SATELLITE TOWNSHIP,
3RD AVENUE, PADAMUGAL,
KAKKANAD PO, ERNAKULAM,
PIN - 682030
2 AKSHAI A
AGED 25 YEARS,
S/O AJAY KUMAR R,
AMBADI MUTTOM SOUTH,
THATTARAM P.O MAVELIKARA,
ALAPPUZHA DISTRICT,
PIN - 690103
BY ADVS.
SRI.VISHNU BHUVANENDRAN
SMT.B.ANUSREE
SMT.SREELAKSHMI B.
SHRI.NOYAL JOHNY
SMT.AFEEFA AZIM
[Bail Appl. Nos.6075/2025, 7520/2025]
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RESPONDENT/ RESPONDENT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682031
BY SMT.SREEJAV., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.07.2025, ALONG WITH Bail Appl..6075/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
[Bail Appl. Nos.6075/2025, 7520/2025]
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BECHU KURIAN THOMAS, J.
-------------------------------------
B.A.Nos. 6075 of 2025
&
7520 of 2025
------------------------------------
Dated this the 15th day of July, 2025
ORDER
These bail applications are filed under section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner in B.A.No.6075 of 2025 is the 3 rd accused and
petitioners in B.A.No,7520 of 2025 are first and fourth accused in
Crime No.236 of 2025 of the Thrikkakara Police Station, Ernakulam,
registered for the offences punishable under Sections
126(2),115(2),118(1),118(2),110, and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. According to the prosecution, the accused had on
03.04.2025, due to an enmity with the defacto complainant and
another person, who were former employees of the 3 rd accused,
assaulted them after throwing chilly powder on one of the injured
and thereafter used a knuckle punch and an iron lever rod to
assault the injured and thereby committed the offences alleged.
[Bail Appl. Nos.6075/2025, 7520/2025]
2025:KER:52425
4. I have heard Sri.Joseph Mary Das, the learned counsel
for the petitioner in B.A.No.6075 of 2025 and Sri.Vishnu
Bhuvanendran, the learned counsel for the petitioners in
B.A.No.7520 of 2025. I have also heard Smt.Sreeja V. and
Sri.Noushad K.A., the learned Public Prosecutors.
5. The learned counsel for the petitioners vehemently
contended that the entire prosecution allegations are false and the
incident as alleged had not occurred. It was further submitted that
the 3rd accused had no role in the crime and even going by the
prosecution allegation, only chilly powder was allegedly thrown on
the face of one of the victim. According to the learned counsel, the
3rd accused being a lady, she ought to be released on anticipatory
bail and she is willing to abide by any condition that may be
imposed. As far as accused 1 and 4 are concerned, it was
submitted that statement of the defacto complainant itself creates
doubt on the manner in which the incident occurred and that the
statement ought not to inspire confidence of this Court. It was
further submitted that the petitioners have been falsely implicated
in the crime due to an enmity for Sri.Vineeth against the 3 rd accused
[Bail Appl. Nos.6075/2025, 7520/2025]
2025:KER:52425
and hence custodial interrogation should not be permitted. The
learned counsel further submitted that the first accused is studying
in France and he had come down for his holidays and if custodial
interrogation is ordered, it would cause serious prejudice to him.
6. The learned Public Prosecutors, on the other hand
submitted that the allegations are very serious and the 3rd accused
is alleged to have sprayed chilly powder on the face of Sri.Vineeth
and thereafter all the other accused brutally assaulted the defacto
complainant and his two friends using a knuckle punch and an iron
lever resulting in a spinal injury on L2, L3 and L4 vertebra, apart
from lacerated injury on the scalp and contusions. According to the
prosecutors, Sri.Vineeth was in ICU for five days and he suffered
memory loss as well, due to the assault by the accused and hence,
custodial interrogation is necessary.
7. I have considered the rival contentions. I have also
perused the statement of the defacto complainant.
8. The incident apparently relates to a competing business
started by Sri.Vineeth and other two persons who were former
employees of the 3rd accused. The 2nd accused in the crime is
[Bail Appl. Nos.6075/2025, 7520/2025]
2025:KER:52425
alleged to have invited the defacto complainant and others to a
place for discussion and thereafter the 3 rd accused sprayed chilly
powder on Sri.Vineeth, while others started assaulting him. The
aforesaid allegations correspond to the injuries noted in the wound
certificate, copy of which was handed over across the Bar by the
learned Public Prosecutors. Serious injuries have been inflicted
including spine fracture on L2, L3 and L4 vertebra. Further, one of
the injured was in the ICU for five days.
Having regard to the seriousness of the allegations and the
grievous injuries that were inflicted by the petitioners, I am of the
view that petitioners cannot be released on anticipatory bail.
Accordingly, the bail applications are dismissed.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
[Bail Appl. Nos.6075/2025, 7520/2025]
2025:KER:52425
APPENDIX OF BAIL APPL. 7520/2025
PETITIONER ANNEXURES
Annexure-I TRUE COPY OF THE FIR DATED 03.04.2025 IN
CRIME NO. 236/2025 OF THRIKKAKARA POLICE
STATION, ERNAKULAM
Annexure-II TRUE COPY OF THE ORDER DATED 03-06-2025 IN
CRL. MC NO. 1075/2025 OF HONOURABLE
PRINCIPAL SESSIONS COURT, ERNAKULAM
[Bail Appl. Nos.6075/2025, 7520/2025]
2025:KER:52425
APPENDIX OF BAIL APPL. 6075/2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION
REPORT DATED 03/04/2025 IN CRIME
NO.236/2025 OF THRIKKAKARA POLICE STATION
