Kerala High Court
Biju.S vs State Of Kerala on 18 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.NO. 7550 OF 2025
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2025:KER:43323
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
BAIL APPL. NO. 7550 OF 2025
CRIME NO.648/2025 OF KADAKKAVOOR POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED 05.06.2025 IN CRMC NO.1549
OF 2025 OF DISTRICT COURT & SESSIONS COURT, THIRUVANANTHAPURAM
ARISING OUT OF THE ORDER/JUDGMENT DATED 16.05.2025 IN CRMP NO.4701
OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,VARKALA
PETITIONER(S)/ACCUSED NO.3:
BIJU.S
AGED 48 YEARS
S/O SOMAN, KOCHUTHITTA VEEDU, NEAR KOCHUTHITTA TEMPLE,
CHEKKALAVILAKOM, KADAKKAVOOR VILLAGE, KADKKAVOOR POST,
THIRUVANANTHAPURAM., PIN - 695306
BY ADVS.
SHRI.BIJU SUNDAR
SHRI.S.RENOJ
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
SRI. M.P.PRASANTH, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO. 7550 OF 2025
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BECHU KURIAN THOMAS, J.
...............................................
B.A.No. 7550 of 2025
...............................................
Dated this the 18th 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 third accused in Crime No. 648/2025
of Kadakkavoor Police Station, Thiruvananthapuram, registered for the
offences punishable under Sections 296(b), 126(2), 118(1), 115(2),
324(4), and 110 r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023
(for short 'BNS').
3. According to the prosecution, the accused had due to
prior vengeance towards the informant, and in furtherance of their
common intention, wrongfully restrained the defacto complainant and
uttered obscene words, and thereafter, assaulted him, causing injuries
and also committed mischief, causing a loss worth Rs.40,000/-, and
thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner as well
as the learned Public Prosecutor.
B.A.NO. 7550 OF 2025
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5. The learned counsel for the petitioner submitted that
the petitioner was arrested on 13.05.2025 and has been in custody
since then.
6. The learned Public Prosecutor opposed the bail
application.
7. Petitioner is alleged to have assaulted the defacto
complainant. The specific overt acts that resulted in grievous injuries to
the defacto complainant are attributed to the first accused. Having
regard to the fact that the weapon of offence has already been
recovered and considering the nature of overt acts alleged against the
petitioner, I am of the view that further detention of the petitioner is
not necessary. Therefore, the petitioner is entitled to be released on
bail.
8. 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 appear before the Investigating Officer as
and when required.
(c) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he tamper with the evidence.
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(d) Petitioner shall not commit any similar offences while he
is on bail.
(e) 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 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 the law, notwithstanding
the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
mea
B.A.NO. 7550 OF 2025
2025:KER:43323
APPENDIX OF BAIL APPL. 7550/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF THE ORDER DATED 16/05/2025 IN
CRL.M.P NO:4701/2025 OF THE COURT OF
JUDICIAL FIRST CLASS MAGISTRATE-I, VARKALA
Annexure A2 THE COPY OF THE ORDER DATED 23/05/2025 IN
CRL.M.P NO:4844/2025 OF THE COURT OF
JUDICIAL FIRST CLASS MAGISTRATE-I, VARKALA
Annexure A3 THE COPY OF THE ORDER DATED 05/06/2025 IN
CRL.M.C NO:1549/2025 OF THE HON'BLE SESSIONS
COURT AT THIRUVANANTHAPURAM,
Annexure A4 THE COPY OF THE FIR IN CRIME NO.648/2025 OF
KADAKKAVOOR POLICE STATION
Annexure A5 THE COPY OF THE REMAND APPLICATION IN CRIME
NO.648/2025 OF KADAKKAVOOR POLICE STATION
Annexure A6 TRUE COPY OF THE PHOTOGRAPH ON THE TIME
08:04:57 PM
Annexure A7 TRUE COPY OF THE PHOTOGRAPH ON THE TIME
08:22:17 PM
Annexure A8 TRUE COPY OF THE PHOTOGRAPH ON THE TIME
09:10:17 PM
Annexure A9 TRUE COPY OF THE PHOTOGRAPH ON THE TIME
09:10:22 PM
Annexure A10 TRUE COPY OF THE PHOTOGRAPH ON THE TIME
09:13:03 PM
Annexure A11 TRUE COPY OF THE PHOTOGRAPH ON THE TIME
09:34:51 PM
Annexure A12 TRUE COPY OF THE PHOTOGRAPH ON THE TIME
09:59:37 PM
Annexure A13 TRUE COPY OF THE PHOTOGRAPH ON THE TIME
10:05:59 PM
Annexure A14 TRUE COPY OF PHOTOGRAPH ON THE TIME 10:13:14
PM
Annexure A15 TRUE COPY OF PHOTOGRAPH ON THE TIME 10:13:48
PM
Annexure A16 TRUE COPY OF PHOTOGRAPH OF THE WOUND
Annexure A17 TRUE COPY OF THE PHOTOGRAPH OF THE ZAM ZAM
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