Kerala High Court
Vijith V vs State Of Kerala on 7 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:50044
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. 8201 OF 2025
CRIME NO.682/2025 OF POONTHURA POLICE STATION,
THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT DATED
25.06.2025 IN BAIL APPL. NO.7552 OF 2025 OF HIGH COURT OF
KERALA.
PETITIONER:
VIJITH V,
AGED 27 YEARS,
S/O. VASUDEVAN, PUTHUVAL PUTHEN VEEDU,
PARUTHIKUZHI, MANACAUD P.O.,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695 009.
BY ADVS.
SHRI.SREEJITH S. NAIR
SHRI.SASTHAMANGALAM S. AJITHKUMAR (SR.)
SRI.SATHEESH MOHANAN
SMT.MAHIMA
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
SRI. PRASANTH M.P., PP
Bail Appl. No.8201 of 2025
2025:KER:50044
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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8201 of 2025
2025:KER:50044
-3-
BECHU KURIAN THOMAS., J
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Bail Appl. No.8201 of 2025
------------------------------------
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. Petitioner is the second accused in Crime No.682
of 2025 of Poonthura Police Station, Thiruvananthapuram,
registered for the offences punishable under sections 333,
296(b), 115(1) and 351 r/w Section 3(5) of the Bharatiya
Nyaya Sanhita, 2023 (for short 'BNS') and Section 27 of the
Arms Act, 1951.
3. The prosecution case is that on 24.05.2025, the
accused trespassed into the house of the de facto complainant
and assaulted him inflicting injuries and thereby committed
the offences alleged.
4. Heard the learned counsel for the petitioner as
well as the learned Public Prosecutor.
5. The learned Public Prosecutor opposed the bail
application and submitted that custodial interrogation of the
2025:KER:50044
petitioner is necessary.
6. Petitioner along with the other accused, are
alleged to have trespassed into the house of the de facto
complainant and assaulted him. The injuries noted are only
abrasions. The contention of the learned counsel for the
petitioner is that provision under the Arms Act will not apply
since the incident did not occur in any notified area, which
submission seems to be impressive in the circumstances of the
case.
7. In Ashok Kumar v. Union Territory of
Chandigarh, [2024 SCC OnLine SC 274], it has been held
that a mere assertion on the part of the State while opposing
the plea for anticipatory bail that custodial interrogation is
required would not be sufficient and that the State would have
to show or indicate more than prima facie case as to why
custodial interrogation of the accused is required for the
purpose of investigation.
8. 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
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serious in nature, custodial interrogation of the petitioner is
not required. Further, having regard to the nature of
allegations as well as the injuries inflicted, this Court is of the
view that petitioner is entitled to be released on pre-arrest
bail.
Accordingly, this application is allowed on the
following conditions:
(a) Petitioner shall appear before the Investigating
Officer on 16.07.2025 and shall subject himself to
interrogation.
(b) If after interrogation, the Investigating Officer
proposes to arrest the petitioner, then, he 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 before the
Investigating Officer.
(c) Petitioner shall appear before the Investigating
Officer as and when required and shall also co-
operate with the investigation.
(d) Petitioner shall not intimidate or attempt to
influence the witnesses; nor shall he tamper with the
evidence.
(e) Petitioner shall not commit any similar offences
while he is on bail.
(f) 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
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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:50044
APPENDIX OF BAIL APPL. 8201/2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.
682/2025 OF POONTHURA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT.
Annexure A2 THE TRUE COPY OF THE ORDER IN CRL.MC
1537/2025 OF THE COURT OF SESSIONS
JUDGE, THIRUVANANTHAPURAM, DATED
03/06/2025.
Annexure A3 THE TRUE COPY OF THE BAIL ORDER IN CMP
NO.415 of 2025 OF JFMC-V,
THIRUVANANTHAPURAM DATED 30/05/2025.
Annexure A4 THE TRUE COPY OF THE MEDICAL RECORDS OF
PETITIONER'S WIFE.
