Citation : 2025 Latest Caselaw 9877 Ker
Judgement Date : 21 October, 2025
2025:KER:78153
B.A.No.12810 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 21ST DAY OF OCTOBER 2025 / 29TH ASWINA, 1947
BAIL APPL. NO. 12810 OF 2025
CRIME NO.827/2025 OF Peechi Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 06.10.2025 IN Bail
Appl. NO.12186 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/S:
RAJU C. C
AGED 48 YEARS
S/O LATE CHACKO, CHIRAKKATHOTTATHIL HOUSE,
MOOLAMKODE DESOM, NEAR PANCHAYAT OFFICE,
PANANCHERY VILLAGE, THRISSUR, KERALA, PIN -
683102
BY ADV SHRI.GAJENDRA SINGH RAJPUROHIT
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 21.10.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:78153
B.A.No.12810 of 2025
2
K.BABU, J.
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B.A. No.12810 of 2025
---------------------------------------------
Dated this the 21st day of October, 2025
ORDER
This is an application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
2. The petitioner is accused No.4 in Crime
No.827/2025 of Peechi Police Station, Thrissur. The offences
alleged against the petitioner and the other accused are
punishable under Sections 118(1), 103(1) and 3(5) of the
Bharatiya Nyaya Sanhita (BNS), 2023 and Section 92(e) of
the Rights of Persons with Disabilities Act, 2016.
3. The prosecution case as discernible from the
order passed by the Judicial First Class Magistrate Court-III,
Thrissur, is as follows:-
"On 29.08.2025 at 8.00 p.m. the accused person 1 to 4 in furtherance of their common object, due to previous animosity towards the defacto complainant's husband, who is a differently abled person named Sandeep @ Pramod, assaulted him with some weapon causing injuries all over his body. Then he was taken to Medical College Hospital for treatment and on 30/08/2025 at about 7.00 p.m. while undergoing treatment, the said 2025:KER:78153
Sandeep @ Pramod succumbed to death due to the severity of his injuries. [sic]"
4. The petitioner was arrested on 17.09.2025
and he has been in judicial custody since then.
5. Heard the learned counsel for the petitioner
and the learned Public Prosecutor.
6. The learned counsel for the petitioner
submitted that no specific overt act has been alleged
against the petitioner. The learned counsel for the petitioner
further submitted that the petitioner was not present at the
scene of occurrence.
7. I have gone through the Case Diary. The
Case Diary reveals that the petitioner was not present at the
scene of occurrence
8. The learned Public Prosecutor opposed the
bail plea of the petitioner.
9. Having regard to the nature of the
allegations levelled against the petitioner 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 2025:KER:78153
conditions.
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
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 influence the
prosecution witnesses or attempt to
tamper with the evidence.
(d) The petitioner shall not commit any other
offence while on bail.
2025:KER:78153
(e) If any of the bail conditions are violated
by the petitioner, the jurisdictional Court
will be at liberty to cancel the bail, in
accordance with law.
It is made clear that release of the petitioner shall
not be a ground to the other accused in this case to seek
bail, as the petitioner is standing on a different footing.
Sd/-
K.BABU JUDGE VPK 2025:KER:78153
APPENDIX OF BAIL APPL. 12810/2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE PHOTOCOPY OF THE FIR IN CRIME NO 827/2025 OF PEECHI POLICE STATION, THRISSUR DATED 31.08.2025
Annexure A2 THE TRUE PHOTOCOPY OF THE REMAND REPORT IN CRIME NO 827/2025 OF PEECHI POLICE STATION, THRISSUR DATED 17.09.2025
Annexure A3 THE TRUE PHOTOCOPY OF THE ORDER DATED 19.09.2025 IN C.M.P 3380/2025 OF THE JUDICIAL FIRST CLASS MAGISTRATE - III, THRISSUR
Annexure A4 THE TRUE PHOTOCOPY OF THE ORDER DATED 06.10.2025 IN B.A. NO 12186/2025 OF THE HON'BLE KERALA HIGH COURT
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