Kerala High Court
Jai Prakash @ Jai Prakash Rai vs State Of Kerala on 21 May, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:34802
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 21ST DAY OF MAY 2025/31ST VAISAKHA, 1947
BAIL APPL. NO. 5189 OF 2025
CRIME NO.87/2023 OF VENGARA POLICE STATION,
MALAPPURAM AGAINST THE ORDER/JUDGMENT IN BAIL APPL. NO.7767
OF 2023 OF HIGH COURT OF KERALA.
PETITIONER:
JAI PRAKASH @ JAI PRAKASH RAI,
AGED 35 YEARS,
S/O MANOJ RAI, NAWAL TOLA VILLAGE, SONEPUR,
SARAN DISTRICT, STATE OF BIHAR, PIN - 841 101.
BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
ALWIN JOSEPH
BENSON AMBROSE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2 THE STATION HOUSE OFFICER,
VENGARA POLICE STATION, VENGARA P.O,
MALAPPURAM DISTRICT,, PIN - 676 304.
SMT.SREEJA V,P.P
Bail Appl. No.5189 of 2025
2025:KER:34802
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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
21.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.5189 of 2025
2025:KER:34802
-3-
BECHU KURIAN THOMAS., J
--------------------------------------
Bail Appl. No.5189 of 2025
------------------------------------
Dated this the 21st day of May, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the second accused in Crime No.87 of
2023 of Vengara Police Station registered for the offences
punishable under sections 109 and 302 r/w 34 of the Indian Penal
Code.
3. The prosecution case is that on 31.01.2023 at about
9:30 pm., the first accused strangled her husband at their
residence using a saree while the second accused, who was the
lover of the first accused, instigated and abetted the commission
of the crime. Petitioner was arrested on 02.05.2023 and has
been in custody since then.
4. I have heard the learned counsel for the petitioner and
the learned Public Prosecutor.
5. Petitioner had approached this Court on two earlier
2025:KER:34802
occasions and this court refused to grant him bail. It is also
observed that the petitioner is a native of Bihar and it is seen
observed in the order in BA No.7767 of 2023, that it was with
much difficulty that petitioner was apprehended. The aforesaid
observations of the learned Single Judge continue to hold good.
Apart from the above, this Court had already directed the trial
court to make every endeavor to complete the trial by
31.01.2025, based on the report given by the trial Court.
6. The learned Public Prosecutor, upon instructions,
submitted that already thirty witnesses (out of a total of 54
witnesses) have been examined and all that remain are only
official witnesses and hence the trial will be concluded at the
earliest. Since the trial has already commenced and the
petitioner is alleged to have committed a serious offence, I am of
the view that the prayer for bail cannot be allowed at this
juncture.
7. The learned counsel for the petitioner relied upon
the decision in 2007 (10) SCC 797 Kishori Lal v. State of
M.P, to canvas for the preposition that a case of abetment will
not arise in the instant case.
8. The contention of the learned counsel for the petitioner
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based on the merits of the case is a matter which has to be
decided by the trial court after evidence is adduced. Any
observation on the merits of the matter at this juncture may have
serious repercussions on the trial and the appreciation of
evidence. Hence, I decline to consider the said contention.
As there are no charge of circumstances from the last
order declining bail, this bail application is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
2025:KER:34802
APPENDIX OF BAIL APPL. 5189/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE ORDER DATED 27.10.2023
IN BAIL APPL. NO.7767/2023 ON HIGH
COURT.
Annexure 2 TRUE COPY OF THE ORDER DATED 03.10.204
IN BAIL APPL. NO.6921 OF 2024 ON HIGH
COURT.
Annexure 3 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 87 OF 2023 OF
VENGARA POLICE STATION, MALAPPURAM
DISTRICT.
Annexure 4 TRUE COPY OF THE SUMMARY OF THE
PROSECUTION CASE IN THE FINAL REPORT IN
CRIME NO. 87 OF 2023 OF VENGARA POLICE
STATION, MALAPPURAM DISTRICT.
Annexure 5 TRUE COPY OF THE MEMORANDUM OF EVIDENCE
IN CRIME NO. 87 OF 2023 OF VENGARA
POLICE STATION, MALAPPURAM DISTRICT.
Annexure 6 TRUE COPY OF THE PROCEEDINGS DATED
14.02.2025 OF ADDITIONAL DISTRICT AND
SESSIONS COURT-III; MANJERI PUBLISHED IN
THE OFFICIAL WEBSITE OF E-COURTS.
Annexure 7 TRUE COPY OF THE PROCEEDINGS DATED
17.02.2025 OF ADDITIONAL DISTRICT AND
SESSIONS COURT-III; MANJERI PUBLISHED IN
THE OFFICIAL WEBSITE OF E-COURTS.
Annexure 8 TRUE COPY OF THE PROCEEDINGS DATED
19.03.2025 OF ADDITIONAL DISTRICT AND
SESSIONS COURT-III; MANJERI PUBLISHED IN
THE OFFICIAL WEBSITE OF E-COURTS.
