Kerala High Court

Shereef vs State Of Kerala on 6 May, 2025

                                                              2025:KER:33608

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA

           TUESDAY, THE 6TH DAY OF MAY 2025 / 16TH VAISAKHA, 1947

                          BAIL APPL. NO. 5586 OF 2025

         CRIME NO.477/2025 OF IRINJALAKUDA POLICE STATION, THRISSUR

 AGAINST THE JUDGMENT DATED 04.04.2025 IN BAIL APPL. NO.4478 OF 2025 OF

                             HIGH COURT OF KERALA


PETITIONER/ACCUSED NO.2:

             SHEREEF
             AGED 42 YEARS
             S/O KHADER, KUZHIKANDATHIL HOUSE, MADATHIKKARA DESAM, PULLUR
             VILLAGE,THRISSUR DISTRICT, PIN - 680683


             BY ADVS.
             MANUMON A.
             REBIN VINCENT GRALAN
             SURESH C.
             ROSNA M. JOY
             AVIN KRISHNA M.P.




RESPONDENT/COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             PIN - 682031

     2       SHO
             IRIJALAKUDA POLICE STATION, THRISSUR, PIN - 680125


             SRI E C BINEESH -SR PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.05.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                  2025:KER:33608
B.A.No. 5586 of 2025
                                       2


                           M.B. SNEHALATHA, J.
                    ----------------------------------------
                          B.A. No.5586 of 2025
         -------------------------------------------------------------
                Dated this the 6th day of May, 2025

                                 ORDER

This bail application is filed under Section 483 of

Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter

referred as 'BNS' for short).

2. The petitioner herein is the 2nd accused in Crime

No.477 of 2025 of Irinjalakuda Police Station, Thrissur. The

above case is registered against petitioner for the

offences punishable under Sections 126(2), 115(2), 110

and 3(5) of the BNS.

3. The prosecution case is that on 16.03.2025 at

about 7.30 p.m., the accused attacked the defacto

complainant with an iron rod, manhandled him and

thereby caused injuries.

4. Heard, learned Counsel for the petitioner and the

learned Public Prosecutor.

5. The learned counsel for the petitioner/2nd accused 2025:KER:33608

contended that the petitioner is innocent. It was pointed

out that there is no allegation that the petitioner used any

weapon for attacking the defacto complainant and the

only allegation is that he manhandled the defacto

complainant. The learned counsel for the petitioner

further submitted that the 1st accused, against whom

there is allegation of attack by using weapon for

committing the offence, was already released on bail.

6. The learned Public Prosecutor opposed the bail

application on the ground that the petitioner has criminal

antecedents and therefore, the petitioner is not entitled

to bail.

7. The petitioner/2nd accused is in judicial custody

from 17.03.2025 onwards. The allegation against the

petitioner/2nd accused is that he manhandled the victim.

The 1st accused is reportedly on bail. Regard being had

period of detention undergone and the progress made in

the investigation, this Court is of the view that, grant of

bail will not cause any impediment in the process of

investigation and a fair and full probe can be well ensured 2025:KER:33608

by granting bail to the petitioner by imposing necessary

conditions. Accordingly, Bail is granted to the petitioner

on the following conditions:-

(i) The petitioner 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.