Kerala High Court
Ragesh vs State Of Kerala on 9 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:40675
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 9TH DAY OF JUNE 2025/19TH JYAISHTA, 1947
BAIL APPL. NO.5348 OF 2025
CRIME NO.360/2025 OF MALAYINKEEZH POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED 04.04.2025 IN CRMC
NO.927 OF 2025 OF DISTRICT COURT & SESSIONS COURT,
THIRUVANANTHAPURAM
PETITIONER/A1 TO A4
1 RAGESH,
AGED 41 YEARS,
S/O. GOPI, SREE RAGAM, PARAYAMVILAKOM,
MALAYINKEEZHU P.O., MALAYINKEEZHU VILLAGE,
THIRUVANANTHAPURAM DISTRICT.,
PIN - 695571
2 NAGARAJAN. R,
AGED 38 YEARS,
AMMA, K.P.221/420A, MEKKUMKARA, KOLLODE,
KULATHUMMAL, THIRUVANANTHAPURAM DISTRICT.,
PIN - 695572
3 KRISHNA KUMAR,
AGED 38 YEARS,
T.C.51/512-2, AMBADIKANNAN, VATTAVILA,
THIRUMALA P.O., THIRUVANANTHAPURAM DISTRICT.,
PIN - 695006
4 JITHINKUMAR,
AGED 39 YEARS
T.C.19/168, SAROJA NIVAS, VATTAVILA,
THIRUMALA P.O., THIRUVANANTHAPURAM DISTRICT.,
PIN - 695006
2025:KER:40675
B.A.No.5348 of 2025
2
BY ADV SRI.SHAJIN S.HAMEED
RESPONDENT/STATE
STATE OF KERALA
REPRESENTED BY PUBLIC THE PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.,
PIN - 682031
SRI. NOUSHAD K.A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:40675
B.A.No.5348 of 2025
3
BECHU KURIAN THOMAS, J.
...............................................
B.A.No.5348 of 2025
..............................................
Dated this the 9th day of June, 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.360/2025 of Malayinkeezhu Police Station registered for the offences
punishable under Sections 296(b), 126(2), 115(2), 118(1), 351(2) r/w 3(5) of
Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. According to the prosecution, the 1st accused who is a
gym owner due to an enmity towards the defacto complainant for the reason
that he had admitted students who were practicing in the gym owned by the
accused on 23.03.2025 at 7 p.m assaulted the defacto complainant. It is
alleged that 1st accused fisted on the forhead of the defacto complainant.
Further, A3 and A4 fisted on the chest and shoulder of defacto complainant
and A2 by using a beer bottle hit on the head of defacto complainant. It is
also alleged that the 1st accused criminally intimidated him and thereby
committed the offences alleged.
4. Heard the learned counsel for the petitioners as well as
the learned Public Prosecutor.
2025:KER:40675
5. The petitioners are alleged to have assaulted the
defacto complainant due to enmity for enrolling students in the Gym run by
the defacto complainant who were earlier students of the petitioners.
Considering the nature of injuries inflicted during the assault as well as the
other surroundings and circumstances I am of the view that the petitioners
need not be subjected to custodial interrogation.
6. 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 petitioners are not required. Further,
having regard to the nature of the offences alleged and the severity of
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
17.06.2025 and shall subject themselves to interrogation.
(b) If after interrogation, the Investigating Officer proposes to
arrest the petitioners, then, they shall be released on bail on
them 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) 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.
2025:KER:40675
(e) Petitioners shall not commit any similar offences while they are
on bail.
(f) Petitioners shall not leave India without the permission of the
Court having jurisdiction.
In case of violation of any of the above conditions or for
modification or deletion of the condition the jurisdictional Court shall be
empowered to consider such application, if any, and pass appropriate
orders in accordance with the law, notwithstanding the bail having been
granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Cak
2025:KER:40675
APPENDIX OF BAIL APPL. 5348/2025
PETITIONER ANNEXURES
ANNEXURE-A TRUE COPY OF THE FIR IN CRIME NO.360/2025
OF MALAYINKEEZHU POLICE STATION.
ANNEXURE-B TRUE COPY OF THE ORDER DATED 04/04/2025
IN CRL.M.C.NO.927/2025 OF THE COURT OF
SESSION, THIRUVANANTHAPURAM.
