Citation : 2025 Latest Caselaw 8410 Ker
Judgement Date : 3 September, 2025
BAIL APPL. NO. 11236 OF 2025
1
2025:KER:66320
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. 11236 OF 2025
CRIME NO.1217/2025 OF Irinjalakuda Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 25.08.2025 IN CRMP NO.9337
OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA
PETITIONER:
SANDEEP
AGED 45 YEARS
SON OF VELAYUDHAN,
ARIKKATTUPARAMBIL HOUSE,
IRINJALAKUDA KANAL BASE DESOM,
THRISSUR, PIN - 680121
BY ADVS.
SRI.JITHIN BABU A
SHRI.ARUN SAMUEL
SHRI.ANOOD JALAL K.J.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 HIRESH S/O VALLI, ARIKKATUPARAMBIL HOUSE, CANAL BASE,
IRINJALAKUDA, THRISSUR DISTRICT ( IS IMPLEADED AS PER
ORDER DATED 03.09.2025 IN CRL.MA.NO.3 OF 2025)
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. 11236 OF 2025
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2025:KER:66320
ORDER
This is an application filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023.
2. Petitioner is the sole accused in Crime No. 1217 of
2025 of Irinjalakuda Police Station, for alleged to have committed the
offences punishable under Sections 126(2), 118(1)and 109(1) of
Bharatiya Nyaya Sanhita (BNS),2023.
3. The prosecution case is that, on 08.08.2025 at 10.15
p.m, the accused due to previous animosity with the brother of the
defacto complainant, wrongfully restrained him and stabbed him using
a knife inflicting injuries.
4. Heard the learned Counsel for the petitioner, the
learned Public Prosecutor and Sri. K.R Arun Krishnan, the learned
Counsel appearing for the 2nd respondent. Perused the records.
5. The learned counsel for the petitioner submitted that
the victim is a relative of the petitioner and the matter has been settled
between them and an affidavit has been filed by the de facto
complainant before this Court. The learned Counsel appearing for the BAIL APPL. NO. 11236 OF 2025
2025:KER:66320
de facto complainant also supported the same.
6. The learned Public Prosecutor on instructions also
vouches the settlement.
7. Considering the submissions made across the Bar; the
fact of settlement between the parties; the fact that the petitioner is in
custody from 09.08.2025 and the fact that the investigation in this case
has progressed substantially, I am of the view that further detention of
the petitioner is not required and bail can be granted to him subject to
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 Judicial First Class Magistrate Court,
Irinjalakuda.
2. After release, the petitioner shall appear
before the Investigating Officer as and when required by him.
3. Petitioner shall not influence/intimidate the BAIL APPL. NO. 11236 OF 2025
2025:KER:66320
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. 11236 OF 2025
2025:KER:66320
APPENDIX OF BAIL APPL. 11236/2025
PETITIONER ANNEXURES :
ANNEXURE 1 A TRUE COPY OF THE FIR IN CRIME NO. 1217/2025 OF IRINJALAKUDA POLICE STATION. ANNEXURE 2 A TRUE COPY OF THE ORDER DATED 25/08/2025 IN CRL. M.P. NO. 9337/2025 BY JUDICIAL FIRST- CLASS MAGISTRATE COURT. IRINJALAKUDA. ANNEXURE 3 A TRUE COPY OF THE WOUND CERTIFICATE OF THE PETITIONER HEREIN.
ANNEXURE 4 A TRUE COPY OF THE MEDICAL DOCUMENTS OF THE PETITIONER.
ANNEXURE 5 AN AFFIDAVIT SWORN BY INJURED/VICTIM IN THE AFORE CRIME.
// True Copy // PA To Judge
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