Kerala High Court
Shybin vs State Of Kerala on 16 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8432 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
BAIL APPL. NO. 8432 OF 2025
CRIME NO.558/2025 OF KONGAD POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED 27.06.2025 IN CMP NO.4281
OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, PALAKKAD.
PETITIONER(S)/PETITIONERS/ACCUSED NO. 1, 2 & 3:
1 SHYBIN, AGED 32 YEARS
S/O MAANIKKAN, KUNNATH HOUSE,
CHALIKKAL, KONGAD,
PALAKKAD DISTRICT,
KERALA, PIN - 678631.
2 ARJUN, AGED 34 YEARS
@ PAPPY, S/O RAMANKUTTY,
KAKKAYAMKODE
HOUSE, KONGAD,
PALAKKAD DISTRICT, KERALA,
PIN - 678631.
3 VISHNU, AGED 27 YEARS
S/O RAVI KUMAR,
POOLAKKAL HOUSE,
POOTHAMKOODE, MUCHEERI,
KONGAD, PALAKKAD
DISTRICT, KERALA, PIN - 678631.
BY ADVS.
SRI.ARUN ASHOK
SMT.NEENA JAMES
SMT.ANASWARA K.P.
BAIL APPL. NO. 8432 OF 2025
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RESPONDENT(S)/RESPONDENTS/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
BY SRI. PRASANTH M.P, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8432 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8432 of 2025
...................................................
Dated this the 16th day of July, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners are accused Nos.1 to 3 in Crime No.558/2025 of Kongad Police
Station, Palakkad District; registered for the offences punishable under
Sections 126(2), 115(2) and 110 r/w Section 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case is that, on 18.06.2024, the accused assaulted the
defacto complainant by holding his collar and striking on his face with
their hands, and thereby committed the offences alleged. Petitioners
were arrested on 21.06.2025 and they have been in custody since then.
4. I have heard the learned Counsel for the petitioners as well as the
learned Public Prosecutor.
5. The learned Counsel for the petitioners contended that the prosecution
allegations are false and that since petitioners have been in custody from
21.06.2025, they ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application and submitted
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that petitioners ought not to be released on bail. It was further
submitted that there are criminal antecedents against the accused, with
one crime under Section 395 of IPC against the first accused, four crimes
against the second accused of which three are under the NDPS Act and
one for the offence of Section 394 of IPC and three crimes against the
third accused, who is also facing proceedings under the Kerala Anti-Social
Activities Prevention Act, 2007.
7. The accused are alleged to have assaulted the defacto complainant at a
petrol pump. Having regard to the nature of injuries inflicted and the
nature of allegations made in the FIR, I am of the view that further
custody of the petitioners is not necessary especially since they have
been undergoing custody since 21.06.2025. Though the learned Public
Prosecutor pointed out that petitioners are involved in other crimes, the
said antecedents need not deter this Court from granting bail to the
petitioners. Therefore, petitioners ought to be released on bail.
8. In the result, this application is allowed on the following conditions:-
(a) Petitioners shall be released on bail on each of them 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.
(b) Petitioners shall appear before the Investigating Officer as and
when required.
(c) Petitioners shall not intimidate or attempt to influence the
witnesses; nor shall they tamper with the evidence.
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(d) Petitioners shall not commit any similar offences while they are
on bail.
(e) Petitioners 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
AMV/16/07/2025
BAIL APPL. NO. 8432 OF 2025
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APPENDIX OF BAIL APPL. 8432/2025
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE F.I.R IN CRIME NO 558/2025
OF THE KONGAD POLICE STATION DATED 19/06/2025.
ANNEXURE A2 A TRUE COPY OF THE ORDER PASSED IN C.M.P NO.
4281/2025 ON THE FILE OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT II, PALAKKAD DATED
27/06/2025.
