Kerala High Court
Nihal U vs State Of Kerala on 21 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:54023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
BAIL APPL. NO. 8688 OF 2025
CRIME NO.438/2025 OF CHEVAYUR POLICE STATION,
KOZHIKODE AGAINST THE ORDER/JUDGMENT DATED 17.06.2025 IN
BAIL APPL. NO.7328 OF 2025 OF HIGH COURT OF KERALA.
PETITIONER:
NIHAL U,
AGED 20 YEARS,
S/O. SAJEEV, URPPAYIL HOUSE, VELLAMANOOR,
CHATHAMANGALAM, KOZHIKODE, PIN - 673 601.
BY ADVS.
SHRI.NIRMAL.S
SMT.VEENA HARI
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA (BY THE CIRCLE INSPECTOR,
CHEVAYUR POLICE STATION), PIN - 682 031.
SRI. C.K.SURESH. (SR. PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8688 of 2025
2025:KER:54023
-2-
BECHU KURIAN THOMAS, J.
--------------------------------------
Bail Appl. No.8688 of 2025
------------------------------------
Dated this the 21st 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 7th accused in Crime No.438 of 2025 of
Chevayur Police Station, Kozhikode, registered for the offences
punishable under sections 189(2), 191(2), 115(2), 126(2), and 103(1)
r/w Section 190 of Bharatiya Nyaya Sanhita, 2023
3. According to the prosecution, the accused restrained the
deceased and assaulted him and inflicted injuries and thereafter the
deceased succumbed to injuries while undergoing treatment at the
Medical College Hospital and thereby the accused committed the
offences alleged.
4 Heard Sri.Nirmal S., the learned counsel for the petitioner
as well as Sri.C.K.Suresh, the learned Senior Public Prosecutor.
5. The learned counsel for the petitioner pointed out that an
earlier bail application filed as B.A.No.7328 of 2025 was dismissed on
17.06.2025 and, considering the young age of the petitioner as well as
the period of detention already undergone from 17.04.2025, he ought
2025:KER:54023
to be released on bail. According to the learned counsel, it is a case of
mistaken identity and the petitioner was not at all involved in the
crime. The learned counsel further submitted that the petitioner is a
student and his continued custody causes serious prejudice.
6. The learned Public Prosecutor, on the other hand,
submitted that the allegations are serious and that even though the
investigation has not been completed, the petitioner ought not to be
released on bail.
7. Petitioner is a 20 year old student. He is the seventh
accused in the crime. The allegations are serious, and the accused
are alleged to have committed murder of a person by name Sooraj.
He was also a youngster, aged 20 years.
8. Though the allegations are serious, considering the
period of detention already undergone by the petitioner from
27.04.2025, and considering his young age, I am of the view that
further custody is not necessary. Therefore, the petitioner is entitled
to be released on bail.
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.
2025:KER:54023
(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 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
ADS
2025:KER:54023
APPENDIX OF BAIL APPL. 8688/2025
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE
FIR.NO.438/2025 DATED 27/04/2025.
Annexure A2 CERTIFIED COPY OF THE FIS DATED
27/04/2025.
Annexure A3 CERTIFIED COPY OF THE ORDER DATED
24/05/2025 IN CRL.M.P.1901/2025 IN
CR.NO.438/2025.
Annexure A4 CERTIFIED COPY OF THE JUDGMENT DATED
17/06/2025 IN B.A.7328/2025.
Annexure A5 CERTIFIED COPY OF THE REMAND REPORT
DATED 27/04/2025.
Annexure A6 TRUE COPY OF THE ID CARD ISSUED TO THE
PETITIONER.
Annexure A7 TRUE COPY OF THE HALL TICKET ISSUED BY
THE UNIVERSITY OF CALICUT.
Annexure A8 TRUE COPY OF THE CASH RECEIPT DATED
14/03/2025.
Annexure A9 TRUE COPY OF THE PHOTOGRAPHS FROM CCTV
FOOTAGES.
