Kerala High Court
Shanif P.P vs State Of Kerala on 2 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 6701 OF 2025
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2025:KER:38281
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 2ND DAY OF JUNE 2025 / 12TH JYAISHTA, 1947
BAIL APPL. NO. 6701 OF 2025
CRIME NO.1918/2023 OF ELAMAKKARA POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1231 OF 2024 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT (VIOLENCE AGAINST WOMEN
& CHILDREN), ERNAKULAM
PETITIONER/ACCUSED NO.1:
SHANIF P.P
AGED 24 YEARS
S/O. SULAIMAN,, R/O AYSHAS,
\VANDYALA P.O, MOWENCHERY,
KANNUR, PIN - 670613
BY ADVS.
SRI.V.S.MANSOOR
SRI.AKHIL BINOY
SHRI.AHAMMED MIZWAR V.P.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION
SRI. C.K.SURESH, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.06.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 6701 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.6701 of 2025
...................................................
Dated this the 2nd day of June, 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.1918/2023 of Elamakkara
Police Station, Ernakulam; registered for the offences punishable under
Sections 302 and 325 r/w Section 34 of the Indian Penal Code, 1860 apart
from Section 75 of the Juvenile Justice (Care and Protection of Children)
Act, 2015.
3. The prosecution case is that, in furtherance of their common intention,
the first accused had, on 03.12.2023 along with the second accused,
murdered the infant son (1½ month) of the second accused, by
forcefully hitting its head and body with his knees, and thereby the
accused committed the offences alleged.
4. Heard the learned counsel for the petitioner as well as the learned Public
Prosecutor.
5. The learned counsel for the petitioner submitted that petitioner was
arrested on 05.12.2023 and has been in custody since then. It was
further submitted that the second accused, who was the mother of the
deceased child, was released on bail on 27.11.2024 while the bail
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application of the petitioner was dismissed. The learned Counsel urged
that having regard to the long period of detention already undergone by
the petitioner, he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application and submitted
that the allegations against the petitioner are serious in nature and bail
ought not to be granted.
7. The second accused, who was the mother of the deceased child, was
released on bail on 27.11.2024 while the bail application of the petitioner
was dismissed. It was specifically observed by this Court that releasing
the petitioner would send a wrong message to society, and hence
petitioner's application was dismissed earlier.
8. From the aforesaid order, almost 12 months have elapsed. Petitioner has
been in custody from 05.12.2023. This Court called for a report from the
Sessions Court as to the possibility of an early disposal. By
communication dated 29.05.2025, the learned Sessions Judge informed
that the report of the Forensic Science Laboratory is awaited, and the
trial could be completed within three months from the receipt of the said
report.
9. Since one of the significant documents required to commence the trial
has not yet been received from the Forensic Science Laboratory, the
chances of an immediate trial is remote. As the petitioner has been in
custody from 05.12.2023 onwards, apart from the fact that second
accused has already been released on bail, I am of the view that the
continued detention is not required in the circumstances of the case.
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Therefore, the 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/02/06/2025
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APPENDIX OF BAIL APPL. 6701/2025
PETITIONER ANNEXURES
ANNEXURE 1 A TRUE COPY THE ORDER DTD: 8/04/2025 IN
SPECIAL LEAVE TO APPEAL (CRL.) NO(S).
ANNEXURE 2 A TRUE COPY OF THE ORDER DTD: 27/11/2024 IN
B.A NO. 9330/2024 OF THIS HON'BLE COURT
ANNEXURE 3 TRUE COPY OF THE ORDER OF HON'BLE ADDITIONAL
DISTRICT AND SESSIONS COURT, (FOR THE TRIAL
OF CASES RELATING TO ATROCITIES & SEXUAL
VIOLENCE AGAINST WOMEN AND CHILDREN),
ERNAKULAM DATED 05/05/2025 IN CMP
