Kerala High Court
Rajan vs State Of Kerala on 17 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8580 OF 2025
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2025:KER:52932
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. 8580 OF 2025
CRIME NO.889/2025 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED 20.06.2025 IN BAIL APPL.
NO.7355 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
RAJAN
AGED 55 YEARS
F/O AKHIL, THAIKADU HOUSE,
THAIKKATTU EAST, OTHERA, ERAVIPEROOR,
PATHANAMTHITTA, PIN - 689542
BY ADVS.
SRI.P.THOMAS GEEVERGHESE
SHRI.RUBAN JOE TONIYO
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BY ADVS.
PUBLIC PROSECUTOR SR.C.K.SURESH
ADDL.DIRECTOR GENERAL OF PROSECUTION
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8580 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8580 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 accused in Crime No.889/2025 of Thiruvalla Police
Station, Pathanamthitta District, alleging offences punishable under
Sections 103(1) and 118(1) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is that, on 13.04.2025 due to an altercation
between the accused and the deceased, the accused stabbed the
deceased on his chest and stomach resulting in his death, and thereby
committed the offences alleged. Petitioner was arrested on 13.04.2025
and he was remanded to custody on the same day.
4. The learned counsel for the petitioner submitted that as on 12.07.2025,
a period of 90 days had expired, and therefore, petitioner is entitled to be
released on statutory bail, since his bail application has been pending
from 09.07.2025.
5. The learned Public Prosecutor opposed the bail application and submitted
that, the allegations are serious in nature, and therefore, petitioner ought
not to be released on bail. It was further submitted that the final report
was filed on 13.07.2025.
BAIL APPL. NO. 8580 OF 2025
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6. On a consideration of the contentions advanced, it is noticed that 90
days had expired by 12.07.2025. Since the final report was filed only on
the 91st day, I am of the view that petitioner is entitled for the statutory
bail. Therefore, the petitioner is liable to be released on bail.
7. 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 co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses;
nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave the country without the permission of the
jurisdictional Court.
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/17/07/2025
BAIL APPL. NO. 8580 OF 2025
2025:KER:52932
APPENDIX OF BAIL APPL. 8580/2025
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE FIR.889/2025 OF THIRUVALLA
POLICE STATION
ANNEXURE B THE TRUE COPY OF THE FI STATEMENT
DATED.14.4.2025
ANNEXURE C THE TRUE COPY OF REMAND REPORT
DATED.15.4.2025
ANNEXURE D THE MEDICAL EXAMINATION REPORT OF THE ACCUSED
