Kerala High Court
Adithyan S vs State Of Kerala on 28 October, 2025
Author: K.Babu
Bench: K. Babu
Bail Appl. No.13198 of 2025 : 1: 2025:KER:80785
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
BAIL APPL. NO. 13198 OF 2025
CRIME NO.1999/2025 OF FORT POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED 22.10.2025 IN CRMC
NO.2962 OF 2025 OF DISTRICT COURT & SESSIONS COURT/ RENT
CONTROL APPELLATE AUTHORITY, THIRUVANANTHAPURAM
PETITIONER/ACCUSED NOS.4 AND 9:
1 ADITHYAN S
AGED 20 YEARS,S/O. SHIBU KUMAR C
RESIDING AT TC 22/236 PADASSERI ATTUKAL
MANACAUD P.О, THIRUVANANTHAPURAM, PIN - 695009
2 SHIBU KUMAR C
AGED 50 YEARS,S/O. CHELLAPPAN PILLAI
RESIDING AT TC 22/236 PRWA-20 PADASSERI ATTUKAL
MANACAUD P.O, THIRUVANANTHAPURAM., PIN - 695009
BY ADVS.
SHRI.SREEJITH S. NAIR
SHRI.SASTHAMANGALAM S. AJITHKUMAR (SR.)
SHRI.SATHEESH MOHANAN
SMT.MAHIMA
Bail Appl. No.13198 of 2025 : 2: 2025:KER:80785
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR ERNAKULAM,
PIN - 682031
BY ADV.SMT.M.K.PUSHPALATHA, SR.PP.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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K.BABU, J.
===========================
Bail Appl. No.13198 of 2025
============================
Dated this the 28th day of October, 2025
ORDER
This is an application filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
2. The petitioners are accused nos. 4 and 9 in Crime
No.1999/2025 of Fort Police Station, Thiruvananthapuram. The
offence alleged against the petitioner is punishable under Sections
126(2), 296 (b), 351 (2), 140 (1), 115 (2), 118 (1), 324 (4) and 110
r/w Section 3 (5) of Bharatiya Nyaya Sanhita (BNS), 2023.
3. The prosecution case as narrated in Annexure A1 Order
reads thus:-
"On 03.10.2025 at about 8.30 p.m., while the defacto
complainant was standing with his friend at
wrongfully restrained the defacto complainant,
uttered abusive words against him and thereafter
kidnapped him to a place near Puthencotta
Cemetery Junction. Thereafter, at about 10 p.m., the
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2nd accused kicked the defacto complainant on his
chest, and threw a stone on his chest and the 2 nd
accused using a knife, stabbed the defacto
complainant on his stomach, but when he prevented
the said attack using his left hand, it fell upon his left
palm causing injury. Thereafter, accused Nos.7 and
8 restrained the defacto complainant and accused
Nos.9 to 12 hit him on his chest and stomach using
hand and stone. Then the 2 nd accused by using an
iron rod, repeatedly beat the defacto complainant on
his right leg, and the 13 th accused using a stone hit
him on his head, causing an injury. It is alleged that,
the defacto complainant lost a mobile phone and
gold locket worth Rs.30,000/- in the incident."
4. Heard the learned counsel for the petitioners and the
learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that
there are no specific allegations against the petitoners. The learned
counsel further submitted that the petitioners have no antecedents
and they are entitled to anticipatory bail.
6. The learned Senior Public Prosecutor opposed the bail
plea contending that there are materials to establish the
involvement of the petitoners in the crime. It is relevant to refer the
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observations made by the learned Sessions Judge in the Order
dated 22.10.2025 (Annexure A1) , which is extracted below:
"There is serious allegation as against the
petitioners. It is seen from the First Information
Report that the statement of the defacto complainant
was recorded from the Medical College Hospital,
Thiruvananthapuram, while he was undergoing
treatement there. It is seen from the First
Information Statement given by the defacto
complainant that, immediately after the alleged
incident, he was taken to Fort Taluk Hospital by the
local people, and thereafter continued his treatment
at Medical College Hospital. In the body note
appended with the First Information Statement, it is
noted that cotton and cloth were applied on the head
and forehead of the defacto complainant, injuries
were seen on his right palm and left thumb, canula
was applied, and plaster was applied on his right leg
below knee. It is seen from the report filed by the
Investigating Officer that the statement of the
persons, who witnessed the incident, is recorded
and wound certificate is obtained. It is seen from the
wound certificate appended with the report that the
defacto complainant sustained injuries in the
incident and he was treated at Fort Taluk Hospital
on 03.10.2025 at 10.15 p.m. So the prosecution has
made out a prima facie case against the
petitioners/accused Nos.4 and 9 and regarding the
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involvement of the petitioners/accused Nos.4 and 9
in the alleged offence. The investigation is
progressing. It is also stated in the report the
vehicle and the weapons used by the accused for
the commission of the offence are to be recovered.
Considering the facts stated in the report to the
effect that the petitioners are involved in the offence,
it appears that exceptional jurisdiction to grant a pre-
arrest bail cannot be exercised in this case."
7. I have gone through the Case Diary. The prosecution
has established a prima facie case. The petitioners failed to
establish any ground for getting the protection contained in Section
482 of Bharatiya Nagarik Suraksha Sanhita, 2023.
Hence, the bail application stands dismissed.
Sd/-
K.BABU
JUDGE
nk
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APPENDIX OF BAIL APPL. 13198/2025
PETITIONER ANNEXURES
Annexure A1 FREE COPY OF THE ORDER IN CRL. M C NO.
2962/2025 OF THE HON'BLE SESSIONS
COURT, THIRUVANANTHAPURAM
