Kerala High Court
Sreejith R M vs State Of Kerala on 26 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:46861
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
BAIL APPL. NO. 7587 OF 2025
CRIME NO.399/2025 OF Vattiyoorkavu Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CRMC NO.1317 OF
2025 OF DISTRICT COURT & SESSIONS COURT, THIRUVANANTHAPURAM
PETITIONERS/ACCUSED 1:
1 SREEJITH R M
AGED 32 YEARS
S/O RAJAKUMARAN K, ACITTOM 242, VILAPPIL P. O,
PULIYARAKONAM, THIRUVANANTHAPURAM, PIN - 695573
2 ANANDHU
AGED 23 YEARS
S/O ANILKUMAR, ANANTHU BHAVAN, CRA98/3 CHOONDAVILA
KAVALLOOR, VATTIYOORKAVU P. O, PEROOKADA VILLAGE,
THIRUVANANTHAPURAM., PIN - 695013
BY ADV SRI.G.RANJU MOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 MOHANAKUMAR K
AGED 64 YEARS
S/O KRISHNAN NADAR, MT NIVAS, MOONAMOODU,
KODUNGANOR, VATTIYOORKAVU, THIRUVANANTHAPURAM
CITY, KERALA, PIN - 695013
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
26.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.7587 of 2025
2025:KER:46861
-2-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.7587 of 2025
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Dated this the 26th 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 and 2 in Crime No.399 of
2025 of Vattiyoorkavu Police Station, Thiruvananthapuram, registered
for the offences punishable under sections 333, 118(1) and 324(4) r/w
Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. The prosecution case is that on 20.04.2025, accused
Nos.1 to 3 trespassed into the shop of the de facto complainant and
threw stones and thereby inflicted injuries on him and thereby
committed the offences alleged.
4. Heard the learned counsel for the petitioners as well as
the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that
petitioner has been falsely arrayed as an accused and has no
involvement in the alleged crime.
6. The learned Public Prosecutor opposed the bail application
and submitted that petitioners are involved in another crime that to in
2025:KER:46861
2025.
7. On a reading of the prosecution allegations, it is evident
that the petitioner had thrown stones at the de facto complainant,
resulting in injury. A reading of the wound certificate handed over by
the learned Public Prosecutor indicates that the injuries inflicted are
contusions and abrasions. Having regard to the nature of allegations,
and the injuries noted, I am of the view that custodial interrogation of
the petitioners is not necessary.
8. In Ashok Kumar v. Union Territory of Chandigarh,
[2024 SCC OnLine SC 274], it has been held that a mere assertion on
the part of the State while opposing the plea for anticipatory bail that
custodial interrogation is required would not be sufficient and that the
State would have to show or indicate more than prima facie case as to
why custodial interrogation of the accused is required for the purpose
of investigation. In the instant case, the State has not been able to
convince this Court that custodial interrogation is necessary.
9. 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 petitioner is not required.
Further, having regard to the nature of the offence and the severity of
punishment,this Court is of the view that petitioner is entitled to be
released on pre-arrest bail.
2025:KER:46861
Accordingly, this application is allowed on the following
conditions:
(a) Petitioners shall appear before the Investigating Officer
on 07.07.2025 and shall subject themselves to interrogation.
(b) If after interrogation, the Investigating Officer proposes
to arrest the petitioner, then, them shall be released on bail
on him executing a bond for Rs.50,000/- (Rupees fifty
thousand only) each 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.
(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 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
ADS
2025:KER:46861
APPENDIX OF BAIL APPL. 7587/2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR DATED 20-04-
2025 OF VATTIYOORKAVU POLICE STATION
Annexure A2 TRUE COPY OF THE ORDER OF HON'BLE COURT
OF SESSIONS JUDGE, THIRUVANANTHAPURAM
DATED 29-05-2025
