Kerala High Court
Rajesh vs State Of Kerala on 8 October, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:74270
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 8TH DAY OF OCTOBER 2025 / 16TH ASWINA, 1947
BAIL APPL. NO. 12332 OF 2025
CRIME NO.954/2025 OF TOWN NORTH POLICE STATION,
PALAKKAD AGAINST THE ORDER/JUDGMENT DATED 24.09.2025 IN CRMC
NO.4585 OF 2025 OF DISTRICT COURT & SESSIONS COURT / RENT
CONTROL APPELLATE AUTHORITY , PALAKKAD.
PETITIONERS:
1 RAJESH.,
AGED 28 YEARS,
S/O SELVAN, VAKILPARAMBU HOUSE,
PUTHUPARIYARAM P.O., PALAKKAD, PIN - 678 731.
2 UMESH KRISHNA.,
AGED 36 YEARS,
S/O UNNIKRISHNAN, PULIKKOD HOUSE,
MUTTIKULANGARA, PUTHUPARIYARAM P.O.,
PALAKKAD, PIN - 678 731.
BY ADVS.
SRI.C.DHEERAJ RAJAN
SHRI.ANAND KALYANAKRISHNAN
SHRI.LIBIN VARGHESE
SHRI.SOORAJ KRISHNAN K.V.
RESPONDENT:
STATE OF KERALA.,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM,
PIN - 682 031.
SRI.PRASANTH M P (PP)
Bail Appl. No.12332 of 2025
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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. No.12332 of 2025
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BECHU KURIAN THOMAS., J
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Bail Appl. No.12332 of 2025
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Dated this the 8th day of October, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners are accused Nos.1 and 3 in Crime No.954 of 2025
of Town North Police Station, Palakkad, registered for the offences
punishable under sections 126(2), 115(2), 118(1) and 109 r/w Section 3(5)
of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. According to the prosecution, on 10.08.2025, accused
restrained the de facto complainant and assaulted him using scissors and
inflicted serious injuries on him and thereby committed the offences
alleged. Petitioners were arrested on 11.08.2025, and they have been in
custody since then.
4. Heard the learned counsel for the petitioners as well as the
learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that
petitioners have been in custody since 11.08.2025, and hence further
detention is not necessary.
6. The learned Public Prosecutor opposed the bail application
2025:KER:74270
and submitted that they ought not to be released on bail.
7. Petitioners are alleged to have restrained the de facto
complainant and brutally assaulted him. The first accused is alleged to
have stabbed the de facto complainant repeatedly using scissors, while
the third accused is alleged to have been part of the group that attacked
the de facto complainant. The reason for the attack is stated to be the
request of the de facto complainant to a lady friend of the accused,
whether she needs any flowers. Though the nature of overt acts alleged
against the second petitioner does not indicate any serious injuries
having been inflicted as far as the first petitioner is concerned, he
repeatedly stabbed the de facto complainant on various parts of his body.
8. Having regard to the nature of overt acts alleged against the
petitioners, I am of the view that first petitioner cannot be released on
bail at this juncture. However, as far as the second petitioner is
concerned, considering his overt acts and the period of custody already
undergone by him, this Court is of the view that further detention is not
necessary. Further, there are six criminal cases against the first
petitioner and five criminal cases against the second petitioner. Though
the learned counsel for the petitioner pointed out that out of the criminal
antecedents against the first petitioner, three of them are bailable,
considering the nature of overt act alleged against him, I am of the view
that this is not a fit case to release him on bail.
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In the result, this bail application is allowed in part. The
application of the first petitioner is dismissed, while that of the second
petitioner is allowed on the following conditions:
(a) Second 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) Second petitioner shall appear before the Investigating
Officer as and when required.
(c) Second petitioner shall not intimidate or attempt to
influence the witnesses; nor shall he tamper with the evidence.
(d) Second petitioner shall not commit any similar offences
while he is on bail.
In case of violation of any of the above conditions or if any
modification or deletion of the conditions are required, the jurisdictional
Court shall be empowered to consider such applications, if any, and pass
appropriate orders in accordance with law, notwithstanding the bail
having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
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APPENDIX OF BAIL APPL. 12332/2025
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE FIR IN CRIME NO.
954/2025 OF TOWN NORTH POLICE STATION,
PALAKKAD DISTRICT.
Annexure 2 THE TRUE COPY OF THE ORDER DATED
18.08.2025 IN CMP NO. 5547/2025 ON THE
FILES OF JUDICIAL FIRST CLASS MAGISTRATE-
II, PALAKKAD.
Annexure 3 THE TRUE COPY OF THE ORDER DATED
27.08.2025 IN CMP NO. 5964/2025 ON THE
FILES OF JUDICIAL FIRST CLASS MAGISTRATE -
II, PALAKKAD.
Annexure 4 THE TRUE COPY OF THE ORDER DATED
24.09.2025 IN CRLMC NO. 4585/2025 ON THE
FILES OF COURT OF SESSIONS, PALAKKAD.
