Kerala High Court
Sunil Kumar vs State Of Kerala on 3 September, 2025
BAIL APPL. NO. 11296 OF 2025
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2025:KER:66319
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. 11296 OF 2025
CRIME NO.865/2025 OF MALA POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED 21.08.2025 IN CR NO.865 OF
2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY
PETITIONER/ACCUSED:
SUNIL KUMAR
AGED 41 YEARS
S/O.SUBRAMANYAN, THACHANADAN HOUSE,
GURITHIPALA DESOM, ANNALLUR VILLAGE,
CHALAKUDY TALUK,
THRISSUR DISTRICT,, PIN - 680731
BY ADV SRI.N.L.BITTO
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF
KERALA AT ERNAKULAM, PIN - 682031
OTHER PRESENT:
SRI NOUSHAD, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 11296 OF 2025
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2025:KER:66319
ORDER
This is an application filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023.
2. Petitioner is the sole accused in Crime No. 865 of 2025
of Mala Police Station, for alleged to have committed the offences
punishable under Sections 118(1) and 110 of Bharatiya Nyaya Sanhita
(BNS),2023.
3. The prosecution case is that, on 17.08.2025 at about
4.00 p.m, the accused due to enmity towards the defacto complainant,
drove a car bearing Registration No. KL-41-C-3933 through the leg of
the de facto complainant, causing injuries. It is alleged that if the de
facto complainant had not avoided the hit, the car would have run over
his body causing his death.
4. Heard the learned Counsel for the petitioner and the
learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that
the petitioner is innocent of the allegations levelled against him. He
also submitted that the petitioner is in custody from 18.08.2025
BAIL APPL. NO. 11296 OF 2025
2025:KER:66319
onwards and that the investigation in this case is almost over.
6. The learned Public Prosecutor did not seriously
oppose this application and submitted that if bail is granted to the
petitioner, it may be on strict terms and conditions.
7. On going through the materials on records it is to be
seen that the allegations against the petitioner is that he has run over
the car through the leg of the de facto complainant causing injuries.
The wound certificate produced shows that the victim has not suffered
any serious injuries in the incident. It is also to be seen that the
petitioner is in custody from 18.08.2025 onwards and that the
investigation in this case has progressed substantially. It is true that
the petitioner is involved in two other crimes in the year 2013. But
considering all other aforefacts, I am of the view that further detention
of the petitioner is not required and bail can be granted to him subject
to stringent 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)
BAIL APPL. NO. 11296 OF 2025
2025:KER:66319
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 a.m. and 1 p.m on
every Tuesdays for a period of 2 months or till the Final Report
is filed, whichever event happens first.
3. Petitioner shall not influence/intimidate the
witnesses or tamper with evidence or shall commit any other
crime while on bail.
4. 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
LU
BAIL APPL. NO. 11296 OF 2025
2025:KER:66319
APPENDIX OF BAIL APPL. 11296/2025
PETITIONER ANNEXURES :
ANNEXURE-1 A TRUE COPY OF THE FIR IN CRIME NO. 865 OF
2025 OF MALA POLICE STATION DATED 17/8/2025
ANNEXURE-2 A TRUE COPY OF THE ORDER IN CRL.MP.8168 OF
2025 BEFORE THE JFCM, NO.1 IRINJALAKUDA,
DATED 21/8/2025
ANNEXURE-3 A TRUE COPY OF THE REMAND REPORT CRIME NO.
865 OF 2025 OF MALA POLICE STATION DATED
18/8/2025
ANNEXURE-4 A TRUE COPY OF THE TREATMENT RECORDS ISSUED
FROM TALUK HEADQUARTERS HOSPITAL CHALAKUDY
DATED 27/8/2025
ANNEXURE-5 A TRUE COPY OF THE INVITATION OF MARRIAGE
DATED 14/9/2025
// True Copy // PA To Judge
