Kerala High Court
Eljin vs State Of Kerala on 13 May, 2025
BAIL APPL. NO. 5985 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A. ABDUL HAKHIM
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
BAIL APPL. NO. 5985 OF 2025
CRIME NO.480/2025 OF EAST KALLADA POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.572 OF 2025
OF JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA
PETITIONER/ACCUSED:
ELJIN
AGED 19 YEARS
S/O EBY MON, ELJIN NIVAS, THEKKEMURI EAST KALLADA,
KOLLAM DISTRICT, PIN - 691502
BY ADVS.
M. AJITH (KARICODE)
R. MOHANA BABU
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SRI.HRITHWIK C.S. SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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ORDER
(Dated this the 13th day of May, 2025)
This is an Application for regular bail filed under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The
Applicant is the accused No.1 in Crime No. 480/2025 of East
Kallada Police Station registered under Sections 115(2), 109
r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, which
includes non-bailable offences. The Applicant was arrested
on 10.04.2025.
2. On production before the jurisdictional Magistrate, the
Applicant was remanded to judicial custody on 11.04.2025,
and the same was extended. The Applicant filed a Bail
Application numbered CMP No. 572 of 2025 before the
Judicial First-Class Magistrate, Court, Sasthamcotta, and the
same was dismissed as per Annexure A2 Order.
3. The allegations against the Applicant are as follows: -
The accused persons out of their previous animosity against
the defacto complainant on 10.04.2025 at 09.30 pm, near
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Taste Land Bakery, Chittumala, fisted on his head and
stabbed on his shoulder and back with a knife with intention
to commit murder and thereby committed the aforesaid
offenses.
4. I heard the learned counsel for the Applicant, Sri. M.
Ajith and the learned Public Prosecutor, Sri. Hrithwik C.S.
5. The contention of the learned counsel for the applicant
is that the continued detention of the accused is no longer
required in this case as investigation has already been
completed. The counsel further submitted that the Applicant
is ready to abide by any condition if this Court grants him
bail.
6. The Application is opposed by the learned Public
Prosecutor by contending that the Applicant was involved in a
serious crime and granting him bail will adversely affect the
course of investigation.
7. After hearing both sides, I find that the Applicant has no
criminal antecedents, the injuries sustained by the victim are
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not serious in nature, no recovery is to be effected, and
custodial interrogation is not required. The Applicant was
arrested on 10.04.2025. The Applicant has remained in
custody for a considerable length of time for interrogation by
the Investigating Officer. No useful purpose would be served
by continuing the custody of the Applicant. Bail shall not be
denied as a course of punishment. I do not find any chance of
the Applicant person fleeing from justice, if adequate
safeguards are made for preventing the same. There is no
reason to deny bail to the Applicant when the aforesaid
factors are considered.
8. In view of the aforesaid findings, I allow this Bail
Application, granting bail to the Applicant subject to the
following conditions.
i. Applicant shall execute a 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,
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ii. Applicant shall appear before the Investigating Officer
every Monday between 10. A.M. and 11 A.M. for a
period of two months or till the Final Report is filed,
whichever is earlier.
iii. Applicant shall co-operate with the investigation and
make themselves available before the Investigating
Officer as and when required.
iv. Applicant shall not try to contact the witnesses or
shall not make any promise, influence, inducement or
threat to any person acquainted with the facts of the
case so as to dissuade them from disclosing the facts to
the Police.
v. Applicant shall not commit any offense during the
period of bail.
vi. Applicant shall not leave India without permission
from the jurisdictional Court.
vii. If any of the above conditions are violated by the
Applicant, the jurisdictional Court is free to cancel the
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bail granted by this Order. It is open to the
Prosecution/Defacto complainant to approach the
jurisdictional Court in this regard.
Sd/-
M.A. ABDUL HAKHIM
JUDGE
saap
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APPENDIX OF BAIL APPL. 5985/2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR IN CRIME
NO.480/2025 DATED 11.4.2025 OF EAST
KALLADA POLICE STATION
Annexure A2 CERTIFIED COPY OF THE ORDER IN
CMP.NO.572/2025 OF JFCM, SASTHAMCOTTA
ARISING IN CRIME NO.480/2025 OF EAST
KALLADA POLICE STATION DATED 19.4.2025
Annexure A3 A TRUE COPY OF THE COMPLAINT SUBMITTED
TO RURAL SP, KOTTARAKKARA DATED
16.4.2025
Annexure A4 A TRUE COPY OF THE REMAND REPORT
SUBMITTED BY THE INVESTIGATION OFFICER
IN CRIME NO.480/2025 OF EAST KALLADA
POLICE
//True copy//PA to Judge
