Kerala High Court
Sachin vs State Of Kerala on 23 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
[Bail Appl. Nos.7723/2025, 7759/2025]
1
2025:KER:44943
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 23RD DAY OF JUNE 2025 / 2ND ASHADHA, 1947
BAIL APPL. NO. 7723 OF 2025
CRIME NO.817/2025 OF OLLUR POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.1470 OF 2025 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -III,THRISSUR
PETITIONER/SECOND ACCUSED :
SANJAY @ KUTTI SANJU, AGED 23 YEARS
S/O NIXON, PALLAN HOUSE,
CHIYYARAM DESOM, CHIYYARAM VILLAGE,
THRISSUR, KERALA, PIN - 680 026.
BY ADV SHRI.SARATH BABU KOTTAKKAL
RESPONDENT(S)/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
SRI. PRASANTH M.P, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.06.2025,
ALONG WITH BAIL APPL..7759/2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
[Bail Appl. Nos.7723/2025, 7759/2025]
2
2025:KER:44943
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 23RD DAY OF JUNE 2025 / 2ND ASHADHA, 1947
BAIL APPL. NO. 7759 OF 2025
CRIME NO.817/2025 OF OLLUR POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO.3 :
SACHIN, AGED 27 YEARS
S/O. JAYAN, CHIRAMBATH HOUSE,
MADHAVAPURAM ROAD, CHIYYARAM DESOM,
CHIYYARAM VILLAGE,
THRISSUR DISTRICT, PIN - 680 026.
BY ADVS.
SHRI.VIPIN VARGHESE
SRI.T.U.SUJITH KUMAR
SMT.NOUFAL K.N.
RESPONDENT/STATE & COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM DISTRICT, PIN - 682 031.
2 THE INSPECTOR OF POLICE
OLLUR POLICE STATION, OLLUR P.O,
THRISSUR DISTRICT, PIN - 680 306.
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.06.2025,
ALONG WITH BAIL APPL..7723/2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
[Bail Appl. Nos.7723/2025, 7759/2025]
3
2025:KER:44943
BECHU KURIAN THOMAS, J.
......................................................
B.A. Nos.7723 & 7759 of 2025
...................................................
Dated this the 23rd day of June, 2025
ORDER
These bail applications are filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner in B.A.No.7723/2025 is the second accused while the petitioner
in B.A.No.7759/2025 is the third accused in Crime No.817/2025 of Ollur
Police Station, Thrissur District; registered for the offences punishable
under Sections 333, 126(2), 115(2), 118(1), 110, 324(4), 309(6), 351(3),
49 r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is that, on 17.05.2025, under the direction of the 4 th
accused, accused Nos.1 to 3 trespassed into the residence of the defacto
complainant, threatened him with a knife, assaulted him using the handle
of the knife, and took away his motorcycle, and thereby committed the
offences alleged. Petitioners were arrested on 19.05.2025 and they have
been in custody since then.
4. Heard Sri.Sarath Babu, learned counsel for the petitioner in
B.A.No.7723/2025 and Sri.Vipin Varghese, the learned counsel for the
petitioner in B.A.No.7759/2025 as well as the learned Public Prosecutor.
[Bail Appl. Nos.7723/2025, 7759/2025]
2025:KER:44943
5. The learned counsel for the petitioners submitted that the entire
prosecution allegations are false and considering the period of detention
already undergone, they 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, petitioners
ought not to be released on bail.
7. Petitioners are alleged to have assaulted the defacto complainant after
trespassing into his house with a knife. The 4 th accused who was
arrested on 19.05.2025 has already been released on bail,
notwithstanding the serious criminal antecedents against him.
Considering the nature of allegations against the petitioners and also the
period of detention already undergone by them from 19.05.2025, I am of
the view that further detention of the petitioners is not necessary.
Though the third accused is involved in nine other crimes, the said
antecedents need not deter this Court from granting bail to the
petitioners in these cases. Therefore, the petitioners are entitled to be
released on bail.
8. In the result, this application is allowed on the following conditions:-
(a) Petitioners shall be released on bail on each of them 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) Petitioners shall appear before the Investigating Officer as and
when required.
[Bail Appl. Nos.7723/2025, 7759/2025]
2025:KER:44943
(c) Petitioners shall not intimidate or attempt to influence the
witnesses; nor shall they tamper with the evidence.
(d) Petitioners shall not commit any similar offences while they are
on bail.
(e) Petitioners 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 law, notwithstanding the bail having been
granted by this Court.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/23/06/2025
[Bail Appl. Nos.7723/2025, 7759/2025]
2025:KER:44943
APPENDIX OF BAIL APPL. 7759/2025
PETITIONER ANNEXURES
ANNEXURE-A1 A TRUE COPY OF THE FIR DATED 18.05.2025 IN
CRIME NO. 817/2025 OF OLLUR POLICE STATION,
THRISSUR DISTRICT.
ANNEXURE-A2 A CERTIFIED COPY OF THE ORDER DATED
26.05.2025 IN C.M.P NO. 1469/2025 OF THE
COURT OF JUDICIAL FIRST CLASS MAGISTRATE
COURT-III, THRISSUR.
ANNEXURE-A3 A TRUE COPY OF THE OBJECTION REPORT DATED
24.05.2025 FILED BY THE SECOND RESPONDENT.
ANNEXURE-A4 A CERTIFIED COPY OF THE BAIL DISMISSAL ORDER
DATED 10.06.2025 IN CRL.M.C NO. 803/2025 OF
THE COURT OF ADDITIONAL SESSIONS COURT-III,
THRISSUR.
[Bail Appl. Nos.7723/2025, 7759/2025]
2025:KER:44943
APPENDIX OF BAIL APPL. 7723/2025
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE PHOTOCOPY OF THE FIR IN CRIME NO
817/2025 OF OLLUR POLICE STATION, THRISSUR
DATED 18.05.2025.
ANNEXURE A2 THE TRUE PHOTOCOPY OF THE ORDER DATED
26.05.2025 IN CMP 1470/2025 OF THE JUDICIAL
FIRST CLASS MAGISTRATE - III, THRISSUR.
ANNEXURE A3 THE TRUE PHOTOCOPY OF THE ORDER DATED
11.06.2025 IN BAIL.APPL.NO 7207 OF 2025.
