Kerala High Court
Benny Varghese @ Benavandar vs The State Of Kerala on 7 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:49572
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
BAIL APPL. NO. 8173 OF 2025
CRIME NO.595/2024 OF ALAPPUZHA NORTH POLICE STATION,
ALAPPUZHA AGAINST THE ORDER/JUDGMENT DATED 27.05.2025 IN
CRMP NO.969 OF 2025 OF ADDITIONAL DISTRICT COURT & SESSIONS
COURT - III, ALAPPUZHA / III ADDITIONAL MACT/RENT CONTROL
APPELLATE AUTHORITY, ALAPPUZHA ARISING OUT OF THE
ORDER/JUDGMENT DATED 27.05.2025 IN SC NO.1407 OF 2024 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - III,
ALAPPUZHA / III ADDITIONAL MACT/RENT CONTROL APPELLATE
AUTHORITY, ALAPPUZHA.
PETITIONER:
BENNY VARGHESE @ BENAVANDAR,
AGED 63 YEARS,
S/O VARGHESE VADAKKAN PARAMBU WARD NO.12
MARARIKULAM SOUTH PANCHAYAT, PATHIRAPPALLY P.O.
ALAPPUZHA DISTRICT, PIN - 688 521.
BY ADV SRI.S.SHANAVAS KHAN
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
Bail Appl. No.8173 of 2025
2025:KER:49572
-2-
2 THE INSPECTOR OF POLICE,
ALAPPUZHA NORTH POLICE STATION,
ALAPPUZHA DISTRICT, PIN - 688 007.
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION
SRI. C.K.SURESH, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8173 of 2025
2025:KER:49572
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BECHU KURIAN THOMAS, J.
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Bail Appl. No.8173 of 2025
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Dated this the 7th 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.595 of 2024 of
Alappuzha North Police Station, registered for the offences punishable
under sections 201, 302 and 397 of the Indian Penal Code, 1860.
3. The prosecution case is that on 18.04.2025, the accused
had murdered his own sister and thereby committed the offences
alleged. Petitioner was arrested on 22.04.2024 and he has been in
custody since then.
4. I have heard Sri.S Shahnavas Khan, 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 submitted that the
petitioner has been in custody since 22.04.2024 and hence further
detention is not necessary.
6. The learned Public Prosecutor opposed the bail
application.
2025:KER:49572
7. Petitioner is alleged to have murdered his own sister,
since she had allegedly decided to get married against the wishes of
the petitioner. Hence petitioner committed the heinous crime. Though
petitioner contends that the allegations have been raised on account of
a political rivalry, prima facie there is nothing to justify the said
allegation.
8. However, since the petitioner has been in custody from
22.04.2024, I am of the view that further custody is not necessary,
especially since the final report has been filed and there is no
possibility of the accused influencing the witnesses or tampering with
the evidence. There is also no prima facie material to apprehend that
petitioner will flee from justice. Accordingly, this Court is satisfied that
petitioner can 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.
(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.
2025:KER:49572
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:49572
APPENDIX OF BAIL APPL. 8173/2025
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE FIR AND FIS IN CRIME
NO.595/2024 OF ALAPPUZHA NORTH POLICE
STATION.
Annexure B TRUE COPY OF THE ORDER DATED 27/5/2025 IN
FILED CRL.M.P NO.969/2025 IN SC
NO.1407/2024 ON THE FILE OF COURT OF
ADDITIONAL SESSIONS JUDGE-III, ALAPPUZHA.
