Kerala High Court
Ujwal vs State Of Kerala on 15 October, 2025
Author: K. Babu
Bench: K. Babu
B.A.No.12627 of 2025 1
2025:KER:76486
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 15TH DAY OF OCTOBER 2025 / 23RD ASWINA, 1947
BAIL APPL. NO. 12627 OF 2025
CRIME NO.760/2025 OF ALOOR POLICE STATION, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 24.09.2025 IN CRMP NO.9089 OF
2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY
PETITIONER:
UJWAL, AGED 23 YEARS,
SON OF SATHEESAN, PERATT HOUSE,
ALATHUR DESOM, NELLAYI VILLAGE,
THRISSUR, PIN - 680305
BY ADVS.
SRI.JITHIN BABU A
SHRI.ARUN SAMUEL
SHRI.ANOOD JALAL K.J.
SMT.DONA MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
B.A.No.12627 of 2025 2
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3 VINOD, AGED 46 YEARS
S/O DAMODARAN, PARAPPURATH HOUSE, MURIYAD,
IRINJALAKUDA, THRISSUR, PIN - 680683
BY ADVS.SRI.K.R.ARUN KRISHNAN
SMT.M.K.PUSHPALATHA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.12627 of 2025 3
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K.BABU, J.
......................................................
B.A.No.12627 of 2025
...................................................
Dated this the 15th day of October, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. The petitioner is accused No.2 in Crime No.760 of 2025
of Aloor Police Station, Thrissur, registered alleging offences
punishable under Sections 126(2), 118(1), 296(b), 110 r/w Section
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case as discernible from Annexure A3
order reads thus:
"On 19.09.2025 at 17.45 hours, the
petitioners/accused two in numbers in furtherance of their
common intention due to enmity towards the defacto
complainant, at the road near Poovasserykavu temple, they
wrongfully restrained him and uttered obscene words against
him and hit behind his head with a metal bangle and 2 nd
accused hit on his back. It is also alleged that the first
accused again hit on the nose of defacto complainant with a
metal bangle and it could have been resulted in the death of
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delacto complainant unless he slightly escaped from the
same.(sic)"
4. The arrest of the petitioner was recorded in this case on
21.09.2025 and he has been in judicial custody since then.
5. Heard the learned Counsel for the petitioner, the learned
Counsel for the de facto complainant as well as the learned Senior
Public Prosecutor.
6. The learned counsel for the petitioner submitted that the
investigation is practically over, and therefore, further detention of
the petitioner ought not to be permitted.
7. The learned Public Prosecutor opposed the bail plea of
the petitioner.
8. The learned Counsel for the de facto complainant
submitted that the offences alleged against the petitioner are grave
in nature and granting him bail will affect further progress of the
investigation.
9. I have gone through the Case Diary. The investigation of
this case is in the final stage. Accused No.1 had already been
arrested and released on bail. The petitioner is in custody from
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21.09.2025.
10. Having regard to the nature of the allegations and the
tenure of judicial custody undergone by the petitioner, I am of the
view that the petitioner is entitled to be released on bail on
conditions.
11. In the result, the Bail Application is allowed as follows:
(a) The petitioner is ordered to be released on bail
on his executing 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.
(b) The petitioner shall appear before the
Investigating Officer on all Mondays and Fridays
between 10 A.M. and 11 A.M. for a period of three
months or till the final report is filed, whichever is
earlier.
(c) The petitioner shall not try to influence or
threaten the prosecution witnesses or attempt to
tamper with the evidence.
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(d) The petitioner shall not commit any other
offence while on bail.
In case of violation of any of the above conditions, or for
modification or deletion of any of the conditions, the jurisdictional
Court shall be empowered to consider such applications, if any, and
pass appropriate orders in accordance with the law,
notwithstanding the bail having been granted by this Court.
Sd/-
K.BABU,
JUDGE
sp/15/10/2025
2025:KER:76486
APPENDIX OF BAIL APPL. 12627/2025
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FIR IN CRIME NO.
760/2025 OF ALOOR POLICE STATION.
Annexure 2 A TRUE COPY OF THE AADHAR CARD OF SECOND
RESPONDENT/ DEFACTO COMPLAINANT.
Annexure 3 THE AFFIDAVIT DATED 26/09/2025 SWORN BY
THE MOTHER ON THE BEHALF OF 2ND
RESPONDENT/DEFACTO COMPLAINANT.
Annexure 4 THE AFFIDAVIT DATED 26/09/2025 SWORN BY
THE 3RD RESPONDENT/FATHER OF DEFACTO
COMPLAINANT.
Annexure 5 A TRUE COPY OF THE ORDER DATED 24/09/2025
IN CRL. M.P. NO. 9089/2025 BY JUDICIAL
FIRST-CLASS MAGISTRATE COURT, CHALAKUDY.
