Citation : 2025 Latest Caselaw 128 Ker
Judgement Date : 9 May, 2025
2025:KER:33659
B.A No.6057 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 9TH DAY OF MAY 2025 / 19TH VAISAKHA, 1947
BAIL APPL. NO. 6057 OF 2025
CRIME NO.1290/2024 OF KUNNAMKULAM POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED 09.04.2025 IN CRMP NO.1674
OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM
PETITIONER/PETITIONER/ACCUSED NO.2:
SHANIL.V. S ALIAS KUNJUNNY,
AGED 29 YEARS,
S/O SHAJAN, VADAKKAN HOUSE, KURUKKANPARA,
KUNNAMKULAM, THRISSUR DISTRICT, PIN - 680503
BY ADVS.
MAHESH V.MENON
MANJU E.
RESPONDENT/RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV
SMT. T.V. NEEMA, SR. PP.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.05.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:33659
B.A No.6057 of 2025
2
K.BABU, J.
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B.A No.6057 of 2025
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Dated this the 9th day of May, 2025
ORDER
This is an application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023.
2. The petitioner is accused No.2 in Crime No.1290/2024 of
Kunnamkulam Police Station. The offences alleged against the
petitioner are punishable under Sections 126(2), 115(2), 118(1), 110,
296(b) and 351(3) read with Section 3(5) of the Bharatiya Nyaya
Sanhita.
3. The prosecution case is that on 15.09.2024 at 17.00 hrs, the
petitioner and the other accused in furtherance of their common
intention voluntarily caused grievous hurt to the defacto
complainant by means of dangerous weapons.
4. The petitioner was arrested on 25.03.2025 and has been in
judicial custody since then.
5. Heard the learned counsel for the petitioner and the 2025:KER:33659
learned Public Prosecutor.
6. The learned Public Prosecutor opposed the bail plea of the
petitioner.
7. Having regard to the nature of the allegations, stage of the
investigation and the tenure of judicial custody undergone by the
petitioner, I am of the view that the petitioner is entitled to be
released on bail on conditions.
In the result, the Bail Application is allowed as follows:
(a) The petitioner is ordered to be released on
bail on his executing bond for Rs.50,000/
(Rupees Fifty Thousand Only) with two solvent
sureties each for the like sum to the
satisfaction of the jurisdictional court.
(b) The petitioner shall appear before the
Investigating Officer on all Mondays between
10 A.M. and 11 A.M. for a period of three
months or till the final report is filed,
whichever is earlier.
2025:KER:33659
(c) The petitioner shall not try to influence the
prosecution witnesses or attempt to tamper
with the evidence.
K.BABU, JUDGE KAS 2025:KER:33659
APPENDIX OF BAIL APPL. 6057/2025
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF ORDER DATED 25.03.2025 IN CRL MP NO.1529/2025 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM
Annexure 2 A TRUE COPY OF ORDER DATED 09.04.2025 IN CRL MP NO. 1674/2025 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM
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