Kerala High Court
Riyas M K vs State Of Kerala on 7 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:49843
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. 8017 OF 2025
CRIME NO.554/2025 OF MEPPADI POLICE STATION,
WAYANAD AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.461
OF 2025 OF DISTRICT COURT & SESIONS & MOTOR ACCIDENT
CLAIMS TRIBUNAL & RENT CONTROL APPELLATE AUTHORITY,
KALPETTA.
PETITIONERS:
1 RIYAS M K,
AGED 26 YEARS,
S/O ABU M.K, RESIDING AT MUTHUKATTIL (H),
MANKUNNU, MEPPADI P.O., WAYANAD DISTRICT,
PIN - 673 577.
2 HARIS P,
AGED 37 YEARS,
S/O BEERANKUTTY, RESIDING AT PARAMBIL (H),
KUNNAMBETTA P.O., CHUNDALE, WAYANAD DISTRICT,
PIN - 673 123.
3 JITHIN M,
AGED 37 YEARS,
S/O SATHYAN, RESIDING AT MECHERIKKAL (H),
CHULIKKA ESTATE, MEPPADI P.O.,
WAYANAD DISTRICT, PIN - 673 577.
4 RATHEESH R,
AGED 32 YEARS,
S/O RAGHAVAN, RESIDING AT KADOOR,
AMBALAMUNNU, PUTHOORVAYAL P.O, MEPPADI,
WAYANAD DISTRICT, PIN - 673 577.
Bail Appl. No.8017 of 2025
2025:KER:49843
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BY ADVS.
SRI.NIRMAL V NAIR
SMT.ENCIL K. SABU
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SMT. SREEJA V., 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.8017 of 2025
2025:KER:49843
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BECHU KURIAN THOMAS., J
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Bail Appl. No.8017 of 2025
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Dated this the 7th day of July, 2025
ORDER
This bail application is filed under section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners are accused Nos.1 to 4 in Crime No.554 of
2025 of Meppadi Police Station, Wayanad, registered for the
offences punishable under sections 329(3), 126(2), 115(2), 121(1)
and 132 rlw Secstion 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for
short 'BNS').
3. According to the prosecution, the accused had, on
06.06.2025, in furtherance of their common intention, trespassed
into the office of the Secretary of the Meppadi Panchayat and, after
assaulting him, destroyed the office furniture and caused a loss of
Rs 25,000/- and thereby committed the offences alleged.
4. I have heard Sri.Nirmal V Nair, the learned counsel for
the petitioners as well as Smt.Sreeja V, the learned Public
Prosecutor.
5. The learned counsel for the petitioners submitted that
the petitioners have been falsely arrayed as accused and they have
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no involvement in the alleged crime.
6. The learned Public Prosecutor opposed the bail
application and submitted that hence custodial interrogation is
necessary.
7. Petitioners are alleged to have assaulted the Secretary
of the Panchayat. However, the injuries noted in the wound
certificate are minor. Having regard to the nature of injuries, I am
of the view that custodial interrogation is not necessary.
8. In Sushila Aggarwal v. State (NCT of Delhi), 2020
(5) SCC 1, it was held that while considering whether to grant
anticipatory bail or not, Courts ought to be generally guided by
considerations such as the nature and gravity of the offences, the
role attributed to the applicant, and the facts of the case. Grant of
anticipatory bail is a matter of discretion and the kind of conditions
to be imposed or not to be imposed are all dependent on facts of
each case, and subject to the discretion of the court.
9. In the instant case, the State has not been able to
convince this Court that custodial interrogation is necessary. On a
consideration of the circumstances arising in the case, this Court is
of the view that though the allegations are serious in nature,
custodial interrogation of the petitioner is not required. Further,
having regard to the nature of the offence and the severity of
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punishment,this Court is of the view that petitioners are entitled to
be released on pre-arrest bail.
Accordingly, this application is allowed on the following
conditions:
(a) Petitioners shall appear before the Investigating
Officer on 17.07.2025 and shall subject themselves to
interrogation.
(b) In view of the offence under Section 3(1) of the PDPP
Act, the petitioners shall deposit together an amount of
Rs.25,000/- being damages caused by their act. The said
amount shall be deposited before the Jurisdictional
Court.
(c) If after interrogation, the Investigating Officer
proposes to arrest the petitioners, then, them shall be
released on bail on they executing a bond for Rs.50,000/-
(Rupees fifty thousand only) each with two solvent
sureties each for the like sum before the Investigating
Officer.
(d) Petitioners shall appear before the Investigating
Officer as and when required and shall also co-operate
with the investigation.
(e) Petitioners shall not intimidate or attempt to influence
the witnesses; nor shall they tamper with the evidence.
(f) Petitioners shall not commit any similar offences while
they are on bail.
(g) Petitioners 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
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law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
2025:KER:49843
APPENDIX OF BAIL APPL. 8017/2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR DATED 06-06-2025
IN CRIME NO. 554 OF 2025 OF THE MEPPADI
POLICE STATION.
Annexure A2 A TRUE COPY OF THE COMPLAINT DATED NIL
SUBMITTED BY SRI. C. SHAMSUDEEN,
SECRETARY, DYFI KALPETTA BLOCK
COMMITTEE BEFORE THE VACB, MEENANGADI,
WAYANAD.
Annexure A3 A TRUE COPY OF THE ORDER DATED
20-06-2025 IN CRL. MC NO. 461/2025 ON
THE FILES OF THE SESSIONS JUDGE,
KALPETTA, WAYANAD.
