Hussain Pasha P.P vs State Of Kerala
2025 Latest Caselaw 6180 Ker

Citation : 2025 Latest Caselaw 6180 Ker
Judgement Date : 23 May, 2025

Kerala High Court

Hussain Pasha P.P vs State Of Kerala on 23 May, 2025

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

BAIL APPL. NO. 6422 OF 2025
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                                                        2025:KER:35520
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

        FRIDAY, THE 23RD DAY OF MAY 2025 / 2ND JYAISHTA, 1947

                          BAIL APPL. NO. 6422 OF 2025

   CRIME NO.456/2025 OF THRIKKODITHANAM POLICE STATION, KOTTAYAM

       AGAINST THE ORDER/JUDGMENT DATED 05.05.2025 IN CRMC NO.655 OF

            2025 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM

PETITIONER/8TH ACCUSED :

             HUSSAIN PASHA P.P., AGED 29 YEARS
             S/O MUHAMMED PASHA, SHAN MANZIL, NERCHAPPARA,
             CHANGANACHERRY P.O., CHANGANACHERRY VILLAGE, NOW
             RESIDING AT PUTHUPPARAMBIL HOUSE, FATHIMAPURAM P.O.,
             CHANGANACHERRY VILLAGE, CHANGANACHERRY TALUK,
             KOTTAYAM DISTRICT, PIN - 686102


             BY ADVS.
             SANIL JOSE
             P.G.SUDHEESH
             BONNY BENNY
             K.P.ANTONY BINU
             AMALJITH




RESPONDENT/STATE :

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682 031.

             SRI.NOUSHAD K.A., PP


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.05.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 BAIL APPL. NO. 6422 OF 2025
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                                                                            2025:KER:35520

                           BECHU KURIAN THOMAS, J.
                     ......................................................
                               B.A. No.6422 of 2025
                       ...................................................
                     Dated this the 23rd day of May, 2025



                                          ORDER

This bail application is filed under Section 482 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (for short 'BNSS')

2. Petitioner is the 8th accused in Crime No.456/2025 of Thrickodithanam

Police Station registered for the offences punishable under Sections

109(1), 115(2), 118(1), 126(2), 296(b) and 351(2) r/w Section 3(5) of the

Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case is that, due to a previous animosity with the de

facto complainant in connection with mining of sand, the accused had on

07.04.2025, formed themselves into an unlawful assembly and uttered

obscene words and threatend to kill the de facto complainant and caused

hurt using a helmet and a knife and thereby committed the offences

alleged.

4. I have heard the learned counsel for the petitioner as well as the learned

Public Prosecutor.

5. On a perusal of the FIR, this Court notices that there is no reference to or

allegation regarding the involvement of the petitioner. However, in the

remand report, filed by the Investigating Officer of another accused, it is BAIL APPL. NO. 6422 OF 2025

2025:KER:35520 stated that the petitioner, along with the other accused, kicked and hit

the de facto complainant.

6. Since there is no reference to petitioner in the FIR, and considering the

nature of specific overt acts alleged against the petitioner in the report of

the Investigating Officer, as revealed from the order of the Sessions

Court, I am of the view that custodial interrogation of the petitioner is not

necessary. However, the petitioner ought to be interrogated for the

purpose of completing the investigation.

7. In Sushila Aggarwal and Others v. State (NCT of Delhi) and

Another [(2020) 5 SCC 1], it was held that while considering whether to

grant anticipatory bail or not, Courts ought to be generally guided by

considerations such as the nature and gravity of the offences, the role

attributed to the applicant, and the facts of the case. Grant of

anticipatory bail is a matter of discretion and the kind of conditions to be

imposed or not to be imposed are all dependent on facts of each case,

and subject to the discretion of the court.

8. Accordingly, this application is allowed on the following conditions:

(a) Petitioner shall appear before the Investigating Officer on 30.05.2025 and shall subject himself to interrogation.

(b) If after interrogation, the Investigating Officer proposes to arrest the petitioner, then, he 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 before the Investigating Officer.

(c) Petitioner shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation. BAIL APPL. NO. 6422 OF 2025

2025:KER:35520

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

9. In case of violation of any of the above conditions, or for modification or

deletion of the condition, the jurisdictional Court shall be empowered to

consider applications for cancellation of bail or otherwise, 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/23/05/2025 BAIL APPL. NO. 6422 OF 2025