Kerala High Court
Raju vs State Of Kerala on 7 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:49934
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. 8003 OF 2025
CRIME NO.1483/2025 OF KOLLAM EAST POLICE STATION,
KOLLAM AGAINST THE ORDER/JUDGMENT DATED 19.06.2025 IN
CRMC NO.1394 OF 2025 OF DISTRICT COURT & SESSIONS COURT /
RENT CONTROL APPELLATE AUTHORITY, KOLLAM ARISING OUT OF
THE ORDER/JUDGMENT DATED 19.06.2025 IN CRMC NO.1421 OF
2025 OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL
APPELLATE AUTHORITY, KOLLAM.
PETITIONER:
1 RAJU,
AGED 49 YEARS,
S/O SAINUDEEN, PUTHYA VEEDU,
NATIONAL NAGR-21, VALIYATHOPE, POLAYATHODE,
KOLLAM, PIN - 691 021.
2 NASMEL,
AGED 23 YEARS,
S/O RAJU, PUTHYA VEEDU, NATIONAL NAGR-21,
VALIYATHOPE, POLAYATHODE, KOLLAM,
PIN - 691 021.
3 HAFEEZ,
AGED 45 YEARS,
S/O SAINUDEEN, AKKARAVILA NAGAR-174,
PALLIMUKKU, KOLLAM, PIN - 691 010.
BY ADVS.
SRI.C.R.JAYAKUMAR
Bail Appl. No.8003 of 2025
2025:KER:49934
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SRI.NOBEL RAJU
SMT.SANDRA SREEKUMAR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER,
EAST POLICE STATION, KOLLAM DISTRICT,
PIN - 691 001.
SRI. PRASANTH M.P., 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.8003 of 2025
2025:KER:49934
-3-
BECHU KURIAN THOMAS., J
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Bail Appl. No.8003 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. Petitioners are accused Nos.2, 3 and 5 in Crime
No.1483 of 2025 of East Police Station, Kollam registered for the
offences punishable under sections 189(2), 191(2), 191(3), 296(b),
115(2), 118(1), 110 and 126(2) r/w Section 190 of the Bharatiya
Nyaya Sanhita, 2023 (for short 'BNS').
3. The prosecution case is that on 29.05.2025, due to a
conflict, the accused assaulted the de facto complainant and
inflicted injuries on him and thereby committed the offences
alleged.
4. Heard the learned counsel for the petitioners as well as
the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that
the petitioners have been falsely arrayed as accused and they have
no involvement in the alleged crime.
6. The learned Public Prosecutor submitted that the
2025:KER:49934
injuries inflicted, though minor, since there are only contusion and
abrasions, still custodial interrogation is necessary.
7. Petitioners are alleged to have, along with the other
accused, assaulted the de facto complainant and even attempted to
stab him with a knife, which was warded off by dodging the same.
Since, in the instant case, only minor injuries have been inflicted, I
am of the view that custodial interrogation is necessary.
8. 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.
9. In the instant case, the prosecution 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
punishment,this Court is of the view that petitioner is entitled to be
released on pre-arrest bail.
2025:KER:49934
Accordingly, this application is allowed on the following
conditions:
(a) Petitioners shall appear before the Investigating
Officer on 15.07.2025 and shall subject themselves to
interrogation.
(b) 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.
(c) Petitioners shall appear before the Investigating
Officer as and when required and shall also co-operate
with the investigation.
(d) Petitioners shall not intimidate or attempt to influence
the witnesses; nor shall they tamper with the evidence.
(e) Petitioners shall not commit any similar offences while
they are on bail.
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:49934
APPENDIX OF BAIL APPL. 8003/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.
1483/2025 OF EAST POLICE STATION,
KOLLAM DATED 30.05.2025.
Annexure A2 TRUE COPY OF THE COMMON ORDER IN CRL.MC
NO. 1394/2025 & CRL.MC 1421/2025 DATED
19.06.2025 ON THE FILES OF HON'BLE
PRINCIPAL SESSIONS COURT, KOLLAM.
