Kerala High Court
Jithin Joshy vs State Of Kerala on 22 May, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:35073
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. 6374 OF 2025
CRIME NO.294/2025 OF PUDUKKAD POLICE STATION,
THRISSUR AGAINST THE ORDER/JUDGMENT IN BAIL APPL. NO.5537 OF
2025 OF HIGH COURT OF KERALA.
PETITIONER:
JITHIN JOSHY,
AGED 27 YEARS,
S/O.JOSHY, PUDUSSERIPADY HOUSE,
NAYARANGADI DESOM, KALLOOR VILLAGE,
THRISSUR DISTRICT, PIN - 683 546.
BY ADV NIREESH MATHEW
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI., PIN - 682 031.
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
22.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl No.6374 of 2025
2025:KER:35073
-2-
BECHU KURIAN THOMAS., J
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Bail Appl. No.6374 of 2025
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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 third accused in Crime No.294 of 2025
of Pudukkad Police Station registered for the offences punishable
under sections 189(2), 189(4), 191(2), 191(3), 61(2)(a), 140(1),
126(2), 127(2), 115(2), 118(1), 109(1), 310(2) and 351 (2) r/w
Section 190 of the Bharatiya Nyaya Sanhita, 2023.
3. According to the prosecution, the first accused and a
friend of the de facto complainant were running a spa, and since
the said friend of the de facto complainant failed to check the
accounts, the accused formed themselves into an unlawful
assembly, armed with dangerous weapons and attacked the
de facto complainant and attempted to murder her by placing a
knife on her neck and even assaulted her on the head using a
steal teapot and thereby committed the offences alleged. The
petitioner was arrested on 01.03.2025 and has been in custody
2025:KER:35073
since then.
4. The learned counsel for the petitioner, contended that
the entire prosecution allegations are false, and the incident as
alleged had not occurred. It was also submitted that the nature of
allegations reveal that the genesis of the crime cannot have been
as alleged by the prosecution and, therefore, the prosecution case
itself is doubtful. It was further submitted that considering the
period of detention already undergone by the petitioner he ought
to granted bail.
5. The learned Public Prosecutor, on the other hand,
submitted that the allegations are serious and that the continued
detention is necessary. It was also submitted that petitioner is
involved in five other criminal cases and therefore, bail ought not
to be granted.
6. The Petitioner was arrested on 01.03.2025 and has been
in custody since then. The nature of the allegations indicates that
the petitioner is alleged to have kept a knife on the neck of the de
facto complainant and threatened to kill her. Bearing in mind
the aforesaid allegations and also the period of detention already
undergone, I am of the view that the continued detention is
unnecessary through the Final Report has not yet been filed.
2025:KER:35073
7. 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 appear before the Investigating
Officer as and when required.
(c) Petitioner shall not intimidate or attempt to
influence the witnesses; nor shall he tamper with the
evidence or contact the victim.
(d) Petitioner shall not commit any similar offences
while he is on bail.
(e) Petitioner shall not leave India without the
permission of the Court having jurisdiction.
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
ADS
2025:KER:35073
APPENDIX OF BAIL APPL. 6374/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIRST INFORMATION REPORT
(FIR) DATED 10.04.2025
Annexure A2 TRUE COPY OF THE TREATMENT RECORDS OF THE
PEITTIONER CT NO.N 3161 DATED 10.04.2025.
Annexure A3 TRUE COPY OF THE COMPLAINT FILED BY THE
PETIIONER BEFORE THE SECOND RESPONDENT ON
11.04.2025.
Annexure A4 TRUE COPY OF THE RECEIPT ISSUED BY THE
SECOND RESPONDENT DATED 11.04.2025 ON THE
COMPLAINT FILED BY THE PETITIONER.
TRUE COPY OF THE JUDGMENT IN CON.CASE©
Annexure A5 NO.688/2024 IN W.A. NO.644/2023 DATED
12.09.2024.
Annexure A6 TRUE COPY OF THE COMPLIANT BEFORE THE
DIRECTOR GENERAL OF POLICE (DGP) FILED BY
THE PETITIONS' WIFE DATED 15.04.2025
Annexure A7 TRUE COPY OF THE ORDER DATED 25.04.2025
IN BAIL APPLICATION CMP. NO.2214/2025 IN
Cr.NO.324/2024 BY THE HONOURABLE JUDICIAL
FIRST CLASS MAGISTRATE COURT,
KUNNAMANGALAM
//True copy//PA to Judge
