Kerala High Court
Aloshiyous vs State Of Kerala on 22 October, 2025
Author: K.Babu
Bench: K. Babu
B.A.No.12939 of 2025 1
2025:KER:78356
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
BAIL APPL. NO. 12939 OF 2025
CRIME NO.1302/2025 OF Vizhinjam Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED 26.09.2025 IN Bail Appl.
NO.12024 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
ALOSHIYOUS, AGED 44 YEARS
C/O AMRITHAM, A R HOUSE, AMBALATHUMOOLA,
ADIMALATHURA, CHOVARA P.O, KOTTUKAL,
THIRUVANANTHAPURAM, PIN - 695501
BY ADVS.
SRI.S.K.ADHITHYAN
SHRI.ROLDEX R.
SMT.SHAHINA NOUSHAD
SHRI.REUBEN CHARLY
SHRI.KRISHNA S. KARUNAKARAN
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
B.A.No.12939 of 2025 2
2025:KER:78356
2 THE STATION HOUSE OFFICER
VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM,
PIN - 695521
BY SRI.G.SUDHEER, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.12939 of 2025 3
2025:KER:78356
K.BABU, J.
......................................................
B.A.No.12939 of 2025
...................................................
Dated this the 22nd day of October, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
2. The petitioner is the sole accused in Crime No.1302 of
2025 of Vizhinjam Police Station, Thiruvananthapuram. The
offences alleged against the petitioner are punishable under
Sections 296(b), 115(2) and 109(1) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case is as follows:
On 28.07.2025 at 9.45 p.m., the accused voluntarily
caused hurt to the victim by pushing him down and thereafter hit
his head on the road, resulting in severe injuries. He succumbed to
the injuries on 01.08.2025.
4. The petitioner was arrested on 01.08.2025 and he has
been in judicial custody since then.
2025:KER:78356
5. Heard the learned Counsel for the petitioner and the
learned Senior Public Prosecutor.
6. The case of the petitioner is that having regard to the
nature of the allegations and the tenure of detention undergone by
the petitioner, he is entitled to be released on bail.
7. The learned Public Prosecutor vehemently opposed the
bail plea of the petitioner contending that the investigation is not
completed. The learned Public Prosecutor submitted that the
petitioner caused fatal injuries to the deceased by pulling him down
and continuously hitting his head on the public road.
8. The learned counsel for the petitioner submitted that the
petitioner is totally innocent of the allegations levelled against him
and that the alleged incident occurred as a result of the scuffle
occurred at the place of occurrence. The learned Counsel also
submitted that the marriage of the petitioner's son is scheduled to
be held on 27.10.2025, and therefore, he may be released on bail.
9. I have gone through the Case Diary, which reveals that
the investigation is almost in the final stage.
10. Having regard to the stage of the investigation and the
2025:KER:78356
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 Thursdays and
Saturdays between 10 A.M. and 11 A.M. until
further orders.
(c) The petitioner shall not enter into the
jurisdiction of Vizhinjam Police Station, except for
the purpose of appearing before the Investigating
Officer and to attend the marriage of his son.
(d) The petitioner shall not try to influence the
prosecution witnesses or attempt to tamper with
2025:KER:78356
the evidence.
(e) The petitioner shall not commit any offence
while on bail.
(f) The petitioner shall not leave the State of Kerala
without the permission of the jurisdictional Court.
(g) 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.
Sd/-
K.BABU,
JUDGE
sp/22/10/2025
2025:KER:78356
APPENDIX OF BAIL APPL. 12939/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO
Annexure A2 TRUE COPY OF THE REMAND APPLICATION FILED
BY THE 2ND RESPONDENT BEFORE THE JFCM
VII, NEYYATINKARA
Annexure A3 TRUE COPY OF THE POST MORTEM CERTIFICATE
OF THE DECEASED PERSON IN CRIME NO
1302/2025 OF THE VIZHINJAM POLICE STATION
NUMBERED AS PM NO. 2190/2025 DATED
08.08.2025 ISSUED BY THE DIRECTORATE OF
MEDICAL EDUCATION, THIRUVANANTHAPURAM
Annexure A4 TRUE COPY OF THE INVITATION CARD INVITING
GUESTS FOR THE MARRIAGE FUNCTION OF THE
PETITIONER'S SON
Annexure A5 TRUE COPY OF THE ORDER PASSED BY THIS
HON'BLE COURT IN B.A NO. 12024/2025 DTD.
26/09/2025
