Citation : 2025 Latest Caselaw 1117 Ker
Judgement Date : 17 July, 2025
BAIL APPL. NO. 8553 OF 2025
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2025:KER:52926
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. 8553 OF 2025
CRIME NO.637/2025 OF KOIPURAM POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED 04.07.2025 IN BAIL APPL.
NO.8185 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.1:
AKHIL KUMAR.A
AGED 27 YEARS
S/O ANIL KUMAR, PURAYIDATHUMANNIL HOUSE,
KANIYAMPADI, AYROOR VILLAGE, KOIPURAM,
PATHANAMTHITTA DISTRICT, PIN - 689612
BY ADVS.
SRI.VISHAK.K.JOHNSON
SMT.MARILIN ROMEO
SHRI.VISHNU MOHAN
SMT.PARVATHY S.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8553 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8553 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. Petitioner is the first accused in Crime No.637/2025 of Koipuram Police
Station, Pathanamthitta District, alleging offences punishable under
Sections 296, 126(2), 329(3), 118(2), and 351 r/w Section 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is that, due to an enmity towards the defacto
complainant, the accused assaulted him with a coconut scrapper,
resulting in a fracture of the facial bone and loosening of one teeth of the
defacto complainant, and thereby the accused committed the offences
alleged. Petitioner was arrested on 09.06.2025 and he has been in
custody since then.
4. I have heard Sri.Vishak Johnson, the learned counsel for the petitioner as
well as Sri.Prasanth M.P., the learned Public Prosecutor.
5. Petitioner is alleged to have assaulted the defacto complainant with a
coconut scrapper resulting in a grievous injury. Though the allegations
are serious, I am of the view that since the petitioner has been in
custody from 09.06.2025, further detention is not necessary. BAIL APPL. NO. 8553 OF 2025
2025:KER:52926
6. In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him 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) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, or for modification or
deletion of any of the conditions, the jurisdictional Court shall be
empowered to consider such applications, if any, and pass appropriate
orders in accordance with the law, notwithstanding the bail having been
granted by this Court.
sd/-
BECHU KURIAN THOMAS JUDGE
AMV/17/07/2025 BAIL APPL. NO. 8553 OF 2025
2025:KER:52926
APPENDIX OF BAIL APPL. 8553/2025
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO. 637/2025 OF KOIPURAM POLICE STATION, PATHANAMTHITTA, DATED 08/06/2025
ANNEXURE A2 TRUE COPY OF ORDER IN CRL M.P. NO. 1197/2025 BEFORE THE HON'BLE COURT OF THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA, DATED 10/06/2025.
ANNEXURE A3 TRUE COPY OF ORDER IN CRL M.P. NO. 1276/2025 BEFORE THE HON'BLE COURT OF THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA, DATED 20/06/2025
ANNEXURE A4 A TRUE COPY OF THE FIR IN CRIME NO. 635/2025 OF KOIPURAM POLICE STATION, PATHANAMTHITTA, DATED 08/06/2025
ANNEXURE A5 A TRUE COPY OF ORDER DATED 04/07/2025 IN BA NO. 8185 OF 2025 BEFORE THE HONOURABLE HIGH COURT OF KERALA
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