Kerala High Court
Chandrababu B R vs State Of Kerala on 9 October, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:74971
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
BAIL APPL. NO. 12108 OF 2025
CRIME NO.1444/2025 OF PARASSALA POLICE STATION,
THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT DATED 16.09.2025
IN CRMC NO.2665 OF 2025 OF ASSISTANT SESSIONS COURT/I
ADDITIONAL SUB COURT, THIRUVANANTHAPURAM.
PETITIONERS:
1 CHANDRABABU B R.,
AGED 46 YEARS,
S/O BABURAJ, B R NIVAS, DHANUVACHAPURAM
KOLLAYIL VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 503.
2 BIPIN MOHAN.,
AGED 27 YEARS,
S/O. MOHANAN, ARYABHAVAN, THUDUVILA,
PONGUMPOTTA, KOLLAYIL VILLAGE,
DHANUVACHAPURAM P.O, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 503.
BY ADV SHRI.R.PADMARAJ
RESPONDENTS:
1 STATE OF KERALA.,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
Bail Appl. No.12108 of 2025
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2 STATION HOUSE OFFICER.,
PARASSALA POLICE STATION, THIRUVANANTHAPURAM,
PIN - 695 502.
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. No.12108 of 2025
2025:KER:74971
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BECHU KURIAN THOMAS., J
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Bail Appl. No.12108 of 2025
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Dated this the 9th day of October, 2025
ORDER
This bail application is filed under section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners are accused in Crime No.1444 of 2025 of
Parassala Police Station, Thiruvananthapuram, registered for the
offences punishable under sections 296(b), 126(2), 115(2), 118(1) and
351(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short
'BNS').
3. According to the prosecution, on 28.08.2025, during an
altercation, accused assaulted the de facto complainant using a helmet
and inflicted injuries on him and thereby committed the offences alleged.
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 falsely arrayed as accused and that they have no
involvement in the alleged crime
6. The learned Public Prosecutor opposed the bail application
and submitted that their custodial interrogation is necessary.
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7. Petitioners application for anticipatory bail filed before the
Sessions Court was dismissed on 16.09.2025.
8. Petitioners are alleged to have assaulted the de facto
complainant, when he requested them to move the car to obtain some
space. However, it is noticed that the FIR was registered only after
eight days of the alleged incident. Further, the nature of injury as
pointed out by the learned Public Prosecutor indicates that there is a
bleeding injury to the scalp and an abrasion to the right middle finger.
No circumstances requiring any custodial interrogation are pointed out.
9. In Sushila Aggarwal v. State (NCT of Delhi), 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.
10. Taking into consideration the nature of allegations in the
present case as well as the injuries allegedly sustained by the de facto
complainant, I am of the view that petitioners can be granted pre-arrest
bail subject to conditions.
Accordingly, this application is allowed on the following
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conditions:
(a) Petitioners shall appear before the Investigating Officer on
17.10.2025 and shall subject themselves to interrogation.
(b) If after interrogation, the Investigating Officer proposes to
arrest the petitioner, then, they shall be released on bail on
them executing a bond for Rs.50,000/- (Rupees fifty thousand
only) each with two solvent sureties each for the like sum
before the Investigating Officer.
(c) Petitioners shall appear before the Investigating Officer as
and when required and shall also co-operate with the
investigation.
(d) Petitioners shall not intimidate or attempt to influence the
witnesses; nor shall they tamper with the evidence.
(e) Petitioner shall not commit any similar offences while they
are 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
2025:KER:74971
APPENDIX OF BAIL APPL. 12108/2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR NO. 1444/2025 OF
THE PARASSALA POLICE STATION.
Annexure A2 THE CERTIFIED COPY OF THE ORDER DATED
16.09.2025 IN CRL. MC 2664/2025 OF THE
SESSIONS COURT THIRUVANANTHAPURAM.
