Kerala High Court
Swapna vs State Of Kerala on 3 September, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
WEDNESDAY, THE 3RD DAY OF SEPTEMBER 2025 / 12TH BHADRA, 1947
BAIL APPL. NO. 11070 OF 2025
CRIME NO.655/2025 OF VAGAMON POLICE STATION, Idukki
AGAINST THE ORDER/JUDGMENT DATED 25.08.2025 IN Bail
Appl. NO.9817 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/S:
SWAPNA.
AGED 39 YEARS
W/O. SATHEESH M.S., MALIYEKKAL HOUSE,
KOLAHALAMEDU, VAGAMON, IDUKKI DISTRICT, PIN -
685501
BY ADVS.
SRI.BIJU .C. ABRAHAM
SHRI.THOMAS C.ABRAHAM
SHRI.BASIL MATHEW
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
OTHER PRESENT:
SMT. MAYA.M.N-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.11070 of 2025
2
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P.V. BALAKRISHNAN, J.
......................................
B.A.No.11070 of 2025
...................................................................
Dated this the 3rd day of September, 2025
ORDER
This is an application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita (herein after referred to as
'BNSS' for short), 2023.
2. The petitioner is the 1st accused in Crime No.655 of
2025 of Vagamon Police Station, for alleged to have committed
the offences punishable under Sections s 296(b), 115(2), 118(1),
110 r/w 3 (5) of BNS, 2023.
3. The prosecution case is that on 29.07.2025 at about
05:45 p.m., the petitioner who is the sister of the defacto
complainant, after verbally abusing her, attacked her using an
iron rod and inflicted injuries upon her. It is alleged that while
attacking the defacto complainant, the petitioner also called her
elder son, who came there and caught hold of the neck of the
defacto complainant, pushed her to ground and kicked her.
Thereafter, the petitioner attacked the defacto complainant
using an iron rod but, she timely prevented it using her hand.
4. Heard the learned counsel for the petitioner and the
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learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that
the petitioner is innocent of the allegations levelled against her.
He also submitted that the entire issue has cropped up due to a
property dispute amongst them, and the petitioner is in custody
from 14.08.2025 onwards.
6. The learned Public Prosecutor opposed this
application and submitted that the offences committed by the
petitioner are grave in nature.
7. On going through the materials on record, it is to be
seen that the allegation against the petitioner, who is none other
than the sister of the defacto complainant, is that she has
attacked the defacto complainant using an iron rod and has
inflicted injuries upon her. It is also alleged that the son of the
petitioner was also called in to attack the defacto complainant.
The records show that the petitioner has been arrested as early
as on 14.08.2025 and that the investigation in this case has
progressed substantially. It is again to be taken note that no
serious injuries have been sustained by the victim in the
incident. Therefore, considering all the afore facts, including the
relationship between the parties and the fact that the petitioner
is a lady, I am of the view that her further detention is not
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required and bail can be granted to her subject to strict terms
and conditions.
In the result, this bail application is allowed as follows:-
1. Petitioner shall be released on bail on executing a
bond for Rs.50,000/- (Rupees Fifty Thousand only)
with two solvent sureties for the like sum each to the
satisfaction of the jurisdictional court.
2. After release, the petitioner shall appear before the
Investigating Officer between 10:00 a.m. and 01:00
p.m. on every Wednesday for a period of 2 months or
till the Final Report is filed, whichever event happens
first.
3. Petitioner shall not influence or intimidate the
witnesses or tamper with evidence or shall commit
any other crime while on bail.
4. Petitioner shall not enter into the local limits of the
police station, were the victim resides/works for a
period of six months.
5. The prosecution will be at liberty to move the
jurisdictional court for cancellation of bail, in case the
petitioner violates the bail conditions.
Sd/-
P.V. BALAKRISHNAN
JUDGE
Dxy
2025:KER:66314
APPENDIX OF BAIL APPL. 11070/2025
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE FIR DATED 30/07/2025 IN
CRIME NO. 655/2025 OF VAGAMON POLICE
STATION
ANNEXURE 2 TRUE COPY OF THE COMPLAINT DATED NIL
SUBMITTED BY THE 1ST PETITIONER BEFORE
THE SUPERINTENDENT OF POLICE
ANNEXURE 3 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
DATED 01/08/2025
ANNEXURE 4 TRUE COPY OF THE COMPLAINT DATED NIL
SUBMITTED BY THE 1ST PETITIONER BEFORE
THE DIRECTOR GENERAL OF POLICE,
THIRUVANANTHAPURAM
ANNEXURE 5 TRUE COPY OF THE COMPLAINT DATED NIL
SUBMITTED BY THE 1ST PETITIONER BEFORE
THE HON. CHIEF MINISTER OF KERALA
ANNEXURE 6 TRUE COPY OF THE COMPLAINT DATED NIL
THUS SUBMITTED BY THE 1ST PETITIONER
BEFORE THE DISTRICT COLLECTOR, IDUKKI
ANNEXURE 7 TRUE COPY OF THE ORDER DATED 18/08/2025
PASSED BY THIS HON'BLE COURT IN B.A. NO.
ANNEXURE 8 TRUE COPY OF THE ORDER DATED 18/08/2025
PASSED BY JUDICIAL FIRST CLASS
MAGISTRATE COURT I, PEERMADE IN CMP NO.
ANNEXURE 9 TRUE COPY OF THE ORDER DATED 23/08/2025
PASSED BY THE SESSIONS JUDGE, THODUPUZHA
