Kerala High Court
Rahul vs State Of Kerala on 25 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8803 OF 2025
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2025:KER:54916
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
BAIL APPL. NO. 8803 OF 2025
CRIME NO.344/2025 OF KUZHALMANNAM POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED 04.07.2025 IN BAIL APPL.
NO.8195 OF 2025 OF HIGH COURT OF KERALA
PETITIONER(S)/ACCUSED NO.1:
RAHUL, AGED 31 YEARS
SON OF RADHAKRISHNAN, SANKARAMKANDATH HOUSE,
MANALI, PALAKKAD DISTRICT., PIN - 678001.
BY ADVS.
SRI.NIREESH MATHEW
SRI.VIVEK VENUGOPAL
SRI.BABU JOSE
SHRI.GAJENDRA SINGH RAJPUROHIT
SHRI.AKHIL GEORGE
SHRI.ATHUL POULOSE
RESPONDENT(S)/COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI., PIN - 682031.
BY SRI. NOUSHAD K. A., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8803 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8803 of 2025
...................................................
Dated this the 25th 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.344/2025 of Kuzhalmannam
Police Station, Palakkad District; registered for the offences punishable
under Sections 126(2), 333 and 109(1) r/w Section 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. The prosecution case is that, due to an enmity, on 05.05.2025, the
accused trespassed into the house of the defacto complainant and a
scuffle ensued between the defacto complainant's son and the accused.
When the defacto complainant attempted to intervene and break the
altercation, the accused stabbed her on her back with a knife and also
stabbed the defacto complainant's son on his chest, and thereby
committed the offences alleged. Petitioner was arrested on 06.05.2025
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
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allegations are false and that since petitioner has been in custody from
06.05.2025, 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. It was further submitted
that petitioner is involved in six other crimes.
7. Petitioner is alleged to have trespassed into the house of the defacto
complainant and stabbed the defacto complainant's son as well as the
defacto complainant.
8. Having regard to the nature of injuries inflicted and the nature of
allegations made in the FIR, I am of the view that further custody of the
petitioner is not necessary especially since he has been undergoing
custody from 06.05.2025. Though the learned Public Prosecutor pointed
out that petitioner is involved in six other crimes, the said antecedents
need not deter this Court from granting bail to the petitioner. Therefore,
petitioner ought to be released on bail.
9. 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.
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(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/25/07/2025
BAIL APPL. NO. 8803 OF 2025
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APPENDIX OF BAIL APPL. 8803/2025
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE ORDER PASSED BY THE COURT OF
SESSION, PALAKKAD IN CRIMINAL MISCELLANEOUS
CASE NO. 2831/2025 DATED 05.06.2025.
ANNEXURE 2 ORDER DATED 16-06-2025 IN BAIL APPL.7471/2025
ON HIGH COURT.
ANNEXURE 3 ORDER DATED 04-07-2025 IN BAIL APPL.8195/2025
ON HIGH COURT.
ANNEXURE 4 TRUE PHOTOCOPY OF THE ORDER DATED 11.07.2025
IN CRL.MP.NO.6920/2025 PASSED BY THE JUDL.
FIRST CLASS MAGISTRATE COURT-I, PALAKKAD.
