Kerala High Court
Shivaprasad vs State Of Kerala on 25 June, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
2025:KER:45759
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 25TH DAY OF JUNE 2025/4TH ASHADHA, 1947
BAIL APPL. NO. 7812 OF 2025
CRIME NO.57/2025 OF KOODAL POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED 27.05.2025 IN BAIL APPL. NO.6262
OF 2025 OF HIGH COURT OF KERALA.
PETITIONER:
SHIVAPRASAD,
AGED 36 YEARS,
S/O. SHIVARAMAN NAIR, KOCHUPUTHENVEED,
KALANJOOR VILLAGE, KONNI TALUK, PATHANAMTHITTA,
PIN - 689 694.
BY ADVS.
SHRI.GEORGE SEBASTIAN
SRI.K.RAJENDRAN CHETTIAR
RESPONDENTS:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION
SR.PP C.K SURESH
Bail Appl. No.7812 of 2025
2025:KER:45759
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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. No.7812 of 2025
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ORDER
(Dated this the 25th day of June, 2025)
This application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail.
2. The applicant is the sole accused in
S.C.No.303/2025 pending on the files of Additional Sessions
Court-I (Special Court), Pathanamthitta. The offence alleged is
punishable under Section 103(1) of Bharatiya Nyaya Sanhita,
2023 (for short 'BNS')
3. The prosecution case, in short, is that on
24.01.2025 at about 11.00 pm., at a residential house namely
'Puthenveedu' situated at Kalanjoor, the applicant brutally
committed assault on the deceased Manu with lethal weapons like
hammer, iron rope as well as a two wheeler key, inflicted fatal
injuries to him and he succumbed to the injuries on the next day at
the hospital and thereby committed the offence.
4. I have heard Sri.George Sebastian, the learned
counsel for the applicant and Sri.C K Suresh, the learned Senior
Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted
that the applicant is innocent and has been falsely implicated in
the present case. The counsel further submitted that no materials
are on record to connect the applicant with the alleged crime;
2025:KER:45759
hence, he is entitled to get bail. On the other hand, the learned
Public Prosecutor submitted that the alleged incident occurred as
a part of the intentional criminal acts of the applicant, and he is
not entitled to bail at this stage.
6. The applicant was remanded to judicial custody
on 25.01.2025. The investigation is over, and the final report has
already been filed. The applicant is aged 36 years. It is true that
there are criminal antecedents against the applicant. However,
only one case is of a serious nature, which includes offence under
Section 308 of the IPC and Section 27 of the Arms Act. But that
crime relates to the year 2010. Out of the five antecedents noted
by the prosecutor, four are of the years 2010 and 2015 and only
one is of the year 2023, that too under Sections 294(b) and 324 of
IPC. For all these reasons, I do not find any reason to hold that
the continued detention of the applicant is required for any
purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following
conditions: -
(i) The applicant shall be released on bail on
executing a bond for Rs.1,00,000/- (Rupees One lakh only) with
two solvent sureties for the like sum each to the satisfaction of the
jurisdictional Magistrate/Court.
(ii) The applicant shall not commit any offence of a
like nature while on bail.
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(iii) The applicant shall not attempt to contact any of
the prosecution witnesses, directly or through any other person, or
in any other way try to tamper with the evidence or influence any
witnesses or other persons related to the investigation.
(iv) The applicant shall not leave the State of Kerala
without the permission of the trial Court.
(v) The application, if any, for deletion/modification
of the bail conditions or cancellation of bail on the grounds of
violating the bail conditions shall be filed at the jurisdictional
court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ADS
2025:KER:45759
APPENDIX OF BAIL APPL. 7812/2025
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE FINAL REPORT DATED
19.04.2025 IN CRIME NO.57/2025 OF KOODAL
POLICE STATION PATHANAMTHITTA DISTRICT.
Annexure B A TRUE COPY OF THE ORDER DATED 13.03.2025 IN
CRL.MP 1954/2025 OF THE SESSIONS COURT
PATHANAMTHITTA.
Annexure C A TRUE COPY OF THE ORDER DATED 02.04.2025 IN
CRL.MP 2938/2025 OF THE SESSIONS COURT
PATHANAMTHITTA.
Annexure D A TRUE COPY OF THE ORDER DATED 10.06.2025 IN
CRL.MP 3903/2025 IN SC 303/2025 OF THE COURT
OF ADDITIONAL SESSIONS JUDGE -I (SPECIAL
COURT), PATHANAMTHITTA.
Annexure E ORDER DATED 27-05-2025 IN BAIL APPL.
NO.6262/2025 ON HIGH COURT.
