Kerala High Court
Nikhil V.S vs State Of Kerala on 9 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8272 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 9TH DAY OF JULY 2025 / 18TH ASHADHA, 1947
BAIL APPL. NO. 8272 OF 2025
CRIME NO.759/2025 OF PATTAMBI POLICE STATION, PALAKKAD
PETITIONER/ACCUSED NO.1:
NIKHIL V.S., AGED 28 YEARS
S/O SETHUMADHAVAN, NIKHILAM,
VAIKHARI, ALIKKAPARAMBU,
PERUMUDIYOOR,
PALAKKAD DISTRICT, PIN - 679 303.
BY ADV SRI.K.M.MUHAMMED HUSSAIN
RESPONDENT/COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER
PATTAMBI POLICE STATION,
PATTAMBI PALAKKAD DISTRICT, PIN - 679 301.
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8272 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8272 of 2025
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Dated this the 9th 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.759/2025 of Pattambi Police
Station, Palakkad District; registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 110, and 351(2) r/w Section 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is that, on 09.06.2025, due to a previous enmity,
the accused, along with other persons, had, restrained the defacto
complainant and his friend, and assaulted the defacto complainant by
hitting him on the head with an empty glass bottle, and thereby
committed the offences alleged. Petitioner was arrested on 10.06.2025
and he has been in custody since then.
4. Heard the learned counsel for the petitioner as well as the learned Public
Prosecutor.
5. The learned counsel for the petitioner submitted that the entire
prosecution allegations are false and considering the period of detention
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already undergone, he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application and submitted
that, the allegations are serious in nature, and therefore, petitioner ought
not to be released on bail. It was further submitted that petitioner is
involved in eight other crimes, including offences under Sections 302,
307, 394, and 392 of the Indian Penal Code, 1860 [for short, 'IPC'].
7. Petitioner and other accused are alleged to have restrained the defacto
complainant and assaulted him with an empty glass bottle and had he
not warded off the same, the injuries could have become fatal. Though
the allegations are serious, I am of the view that since the petitioner has
been in custody for the last 30 days, further detention is not necessary.
8. Though the learned Public Prosecutor pointed out petitioner's
involvement in eight other crimes, the learned counsel for the petitioner,
after getting instructions, submitted that crimes registered against the
petitioner for the aforesaid offences, except under Section 392 of IPC,
have all either been acquitted or settled, and therefore, those crimes
cannot be said to be pending against the petitioner.
9. On a consideration of the aforesaid submissions, including the acquittal
of the petitioner for the offence under Sections 302 and 307 of IPC;
which is noted from the judgments in S.C.No.246/2016 on the files of the
Sessions Court, Palakkad, S.C.No.80/2019 on the files of the Sessions
Court, Ottapalam and S.C.No.414/2019 on the files of the Additional
Sessions Court, Ottapalam; I am of the view that the continued detention
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is not required in the circumstances of the case, more so since the
investigation is over and the final report has already been filed.
Therefore, petitioner is entitled to be released on bail.
10. 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.
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
AMV/09/07/2025
BAIL APPL. NO. 8272 OF 2025
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APPENDIX OF BAIL APPL. 8272/2025
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.759/2025
OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT
DATED 10-06-2025.
ANNEXURE A2 THE TRUE COPY OF THE ORDER IN
CRL.M.C.NO.3401/2025 BEFORE THE LEARNED
SESSIONS COURT PALAKKAD DATED 27-06-2025.
ANNEXURE A3 THE TRUE COPY OF THE ORDER IN
CMP.NO.3493/2025 ON THE FILES OF THE JFCM
PATTAMBI DATED 18-06-2025.
