Kerala High Court
Unnikrishnan B vs State Of Kerala on 22 May, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 6023 OF 2025
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2025:KER:35018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 22ND DAY OF MAY 2025 / 1ST JYAISHTA, 1947
BAIL APPL. NO. 6023 OF 2025
CRIME NO.219/2025 OF TOWN NORTH POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.4426 OF
2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.1:
UNNIKRISHNAN B., AGED 38 YEARS
S/O.BHASKARAN, PRIYA NIVAS, UTHUNGODE,
THIRUNELLAYI,
PALAKKAD DISTRICT., PIN - 678 004.
BY ADV NIREESH MATHEW
RESPONDENT/COMPLAINANT-STATE :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI., PIN - 682 031.
SMT.SREEJA V,(PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.05.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 6023 OF 2025
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2025:KER:35018
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.6023 of 2025
...................................................
Dated this the 22nd 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 first accused in Crime No.219/2025 of Palghat Town
North Police Station, Palakkad District; registered for the offences
punishable under Sections 329(3), 126(2), 115(2), 118(1) and 190 of the
Bharatiya Nyaya Sanhita, 2023. Subsequently, the offences under
Sections 110 and Section 189(2), 191(2) and 191(3) of BNS were
incorporated.
3. The prosecution case is that, on 16.02.2025, due to an enmity that
arose when the de facto complainant questioned the consumption of
alcohol by the accused in a restaurant's parking area, they formed
themselves into an unlawful assembly and after wrongfully restraining
the owner of the restaurant and the de facto complainant inflicted
serious injuries on them, and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner as well as the learned Public
Prosecutor.
5. The learned counsel for the petitioner submitted that petitioner was
BAIL APPL. NO. 6023 OF 2025
2025:KER:35018
arrested on 24.04.2025 and that he has been in custody since then. It
was further submitted that the weapons allegedly used in the crime has
already been recovered, and therefore, no purpose would be achieved by
continuing the detention. It was also contended that the allegations are
all false and that petitioner is totally innocent.
6. The learned Public Prosecutor opposed the bail application and submitted
that the allegations raised against the petitioner are serious and
continued detention is essential as otherwise he will tamper with
evidence and influence the witnesses.
7. Though prima facie there are materials on record to connect the
petitioner with the crime, since he has been in custody from 24.04.2025
onwards, I am of the view that the continued detention is not required in
the circumstances of the case, more so since the investigation is over
and the final report has already been filed. Therefore, the petitioner is
entitled to be released on bail.
8. In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a
bond for Rs.50,000/- (Rupees Fifty thousand only) with
two solvent sureties each for the like sum to the
satisfaction of the court having jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence
the witnesses; nor shall he attempt to tamper with the
evidence.
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2025:KER:35018
(d) Petitioner shall not commit any similar offences while
he is on bail.
(e) Petitioner shall not leave the country without the
permission of the jurisdictional Court.
9. In case of violation of any of the above conditions, the jurisdictional Court
shall be empowered to consider the application for cancellation of bail, if
any, and pass appropriate orders in accordance with the law,
notwithstanding the bail having been granted by this Court.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/22/05/2025
BAIL APPL. NO. 6023 OF 2025
2025:KER:35018
APPENDIX OF BAIL APPL. 6023/2025
PETITIONER ANNEXURES
ANNEXURE 1 TRUE PHOTOCOPY OF THE FIRST INFORMTION REPORT
IN CRIME NO. 219/2025 OF TOWN NORTH POLICE
STATION, PALAKKAD DATED 16.02.2025
ANNEXURE 2 TRUE PHOTOCOPY OF THE COMMON ORDER DATED
10.03.2025 IN CRL M.C.NO. 1223/2025 PASSED BY
THE COURT OF SESSIONS, PALAKKAD
ANNEXURE 3 ORDER DATED 10-04-2025 IN BAIL APPL.4426/2025
ON HIGH COURT
ANNEXURE 4 TRUE PHOTO COPY OF THE ORDER DATED 24.04.2024
PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-II, PALAKKAD IN C.M.P. NO. 2872/2025
ANNEXURE 5 TRUE PHOTO COPY OF THE REMAND REPORT DATED
24.04.2025
