Citation : 2025 Latest Caselaw 1146 Ker
Judgement Date : 18 July, 2025
BAIL APPL. NO. 8629 OF 2025
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2025:KER:53406
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
BAIL APPL. NO. 8629 OF 2025
CRIME NO.120/2025 OF PULPALLY POLICE STATION, WAYANAD
AGAINST THE ORDER/JUDGMENT DATED 12.06.2025 IN CRMC NO.444 OF
2025 OF DISTRICT COURT & SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL
& RENT CONTROL APPELLATE AUTHORITY, KALPETTA
PETITIONER(S)/ACCUSED NO.1:
RENJITH P.S
AGED 31 YEARS
S/O SEKARAN, PONTHATTIL, MEENAMKOLLIL,
PULPALLY, SULTHAN BATHERY, WAYANAD,
PIN - 673579.
BY ADVS.
SRI.C.DHEERAJ RAJAN
SHRI.ANAND KALYANAKRISHNAN
SHRI.LIBIN VARGHESE
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031.
BY SRI. C.K. SURESH, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8629 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8629 of 2025
...................................................
Dated this the 18th 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.120/2025 of Pulpalli Police
Station, Wayanad District; registered for the offences punishable under
Sections 126(2), 115(2), 103(1), and 61(2) r/w Section 3(5) of the
Bharatiya Nyaya Sanhita, 2023; which is now pending as
S.C.No.293/2025 on the files of the Additional Sessions Court-I, Kalpetta.
3. The prosecution case is that, the accused 1 to 5 had, pursuant to a
conspiracy to murder the deceased Riyas, who maintained an illicit
relationship with the sister of the first accused, murdered him on
12.02.2025 after inflicting grievous injuries and thereby committed the
offences alleged. Petitioner was arrested on 14.02.2025 and he has been
in custody since then.
4. I have heard the learned Counsel for the petitioner as well as the learned
Public Prosecutor.
5. The learned Counsel for the petitioner contended that the prosecution
allegations are false and that since petitioner has been in custody from BAIL APPL. NO. 8629 OF 2025
2025:KER:53406
14.02.2025, he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application and submitted
that petitioner ought not to be released on bail.
7. Petitioner is alleged to have conspired with other accused to murder the
deceased since he allegedly maintained an illicit relationship with
petitioner's sister. There were 29 antemortem injuries, of which 13 were
stab injuries. The nature of injuries inflicted on the body of the deceased
indicates that the petitioner and the other accused had brutally attacked
the deceased. However, all other accused have already been granted
bail. Though the release of the other accused on bail by itself cannot be
a reason to grant bail to the petitioner, considering the period of
detention already undergone by the petitioner and also the fact that the
final report has already been filed, I am of the view that continued
detention of the petitioner is not necessary. Therefore, the petitioner is
entitled to be released on bail.
8. 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.
BAIL APPL. NO. 8629 OF 2025
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(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/18/07/2025 BAIL APPL. NO. 8629 OF 2025
2025:KER:53406
APPENDIX OF BAIL APPL. 8629/2025
PETITIONER ANNEXURES
ANNEXURE 1 THE TRUE COPY OF THE FINAL REPORT DATED 12.05.2025 IN CRIME 120/2025 OF PULPALLI POLICE STATION, WAYANAD DISTRICT.
ANNEXURE 2 THE TRUE COPY OF THE ORDER DATED 12.06.2025 IN CRL MC NO. 444/2025 PASSED BY THE COURT OF SESSIONS, KALPETTA.
ANNEXURE 3 THE TRUE COPY OF THE ORDER DATED 24.06.2025 IN B.A 7794/2025 PASSED BY THIS HONOURABLE COURT.
ANNEXURE 4 THE TRUE COPY OF THE ORDER DATED 09.07.2025 IN CRL.M.C 868/2025 ON THE FILES OF ADDITIONAL SESSIONS COURT - I, KALPETTA, WAYNAD.
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