Kerala High Court
Nishad.P.M vs State Of Kerala on 17 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:52901
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
BAIL APPL. NO. 8420 OF 2025
CRIME NO.1312/2025 OF ALUVA EAST POLICE STATION,
ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED 03.07.2025 IN
CRMC NO.1824 OF 2025 OF DISTRICT COURT & SESSIONS COURT/RENT
CONTROL APPELLATE AUTHORITY, ERNAKULAM.
PETITIONERS:
1 NISHAD.P.M.,
AGED 41 YEARS,
S/O. MUSTAFA, PANACHIKUZHI VEEDU, ALUVA,
ERNAKULAM, PIN - 683 108.
2 SHAJAHAN. P.M.,
AGED 47 YEARS,
S/O. MUSTAFA, PANACHIKUZHI VEEDU, ALUVA,
ERNAKULAM, PIN - 683 108.
BY ADVS.
SRI.C.P.UDAYABHANU
SRI.NAVANEETH.N.NATH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
2 STATION HOUSE OFFICER
ALUVA EAST POLICE STATION,
ERNAKULAM, PIN - 683 101.
Bail Appl. No.8420 of 2025
2025:KER:52901
-2-
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8420 of 2025
2025:KER:52901
-3-
BECHU KURIAN THOMAS, J.
--------------------------------------
Bail Appl. No.8420 of 2025
------------------------------------
Dated this the 17th 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 and 2 in Crime No.1312
of 2025 of Aluva East Police Station, Ernakulam, registered for the
offences punishable under sections 126(2) and 118(2) r/w Section
3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. According to the prosecution, on 11.06.2025, the
accused had assaulted the de facto complainant and inflicted
grievous injuries using a glass bottle and stick and thereby
committed the offences alleged. Petitioners were arrested on
17.06.2025, and and they have been in custody since then.
4. I have heard Sri.C.P.Udayabhanu., the learned counsel
for the petitioners as well as Smt.Sreeja.V., the learned Public
Prosecutor.
5. The learned counsel for the petitioners submitted that
the petitioners have been in custody since 17.06.2025, hence
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further detention is not necessary.
6. The learned Public Prosecutor opposed the bail
application.
7. Petitioners are alleged to have assaulted the de facto
complainant, resulting in grievous injury. Considering the nature
of allegations, I am of the view that though they are serious in
nature, since they have already undergone custody from
17.06.2025, further detention is not necessary. Therefore,
petitioners are entitled to be released on bail.
In the result, this application is allowed on the following
conditions:-
(a) Petitioners shall be released on bail on them
executing a bond for Rs.50,000/- (Rupees fifty thousand
only) each 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.
(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
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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
ADS
2025:KER:52901
APPENDIX OF BAIL APPL. 8420/2025
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE ORDER DATED
03.07.2025 IN CRL. M.C. NO. 1824/2025
PASSED BY THE HON'BLE SESSIONS COURT,
ERNAKULAM.
