Kerala High Court
Praveen vs State Of Kerala on 9 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 10404 OF 2025
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2025:KER:66973
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025 / 18TH BHADRA, 1947
BAIL APPL. NO. 10404 OF 2025
CRIME NO.888/2025 OF ARYANAD POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED 28.07.2025 IN CRMC NO.1904
OF 2025 OF DISTRICT COURT & SESSIONS COURT/ RENT CONTROL APPELLATE
AUTHORITY, THIRUVANANTHAPURAM
PETITIONERS/ACCUSED NOS.1, 2 & 3 :
1 PRAVEEN, AGED 36 YEARS
S/O ALBERT, KUNNUVILA VEEDU,
THOLOOR, ARYANAD P.O.,
THIRUVANNATHAPURAM DISTRICT, PIN - 695 542.
2 PRAKASH, AGED 29 YEARS
S/O ALBERT, KUNNUVILA VEEDU, THOLOOR, ARYANAD P.O,
THIRUVANNATHAPURAM DISTRICT, PIN - 695 542.
3 DIPIN G.S., AGED 32 YEARS
S/O GANESHAN, THANIMOODU VEEDU, THOLOOR,
ARYANAD P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 542.
BY ADVS. SRI.VISHAK.K.JOHNSON
SMT.MARILIN ROMEO
SHRI.VISHNU MOHAN
SMT.PARVATHY S.
RESPONDENT/COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 STATION HOUSE OFFICER
ARYANAD POLICE STATION, ARYANADU,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 542.
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.09.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 10404 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.10404 of 2025
...................................................
Dated this the 9th day of September, 2025
ORDER
This bail application is filed under Section 482 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners are accused Nos.1 to 3 in Crime No.888/2025 of Aryanadu
Police Station, Thiruvananthapuram, registered alleging offences
punishable under Sections 296(b), 126(2), 351(2), 115(2) and 118(1) r/w
Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is that, on 01.07.2025, while the defacto
complainant was walking through the way near the residence of the 1 st
accused, the 2nd accused restrained him, and the 1 st accused after
uttering obscene words threatened him and hit him with a steel bangle
on the back side of his neck, chest and head and thereafter the 2 nd
accused pushed him down while the 3 rd accused kicked him on his chest
and thereby committed the offences alleged. Petitioners' bail application
before the Sessions Court, Thiruvananthapuram was dismissed by order
dated 28.07.2025.
4. I have heard the learned counsel for the petitioners as well as the
learned Public Prosecutor.
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5. Petitioners are alleged to have assaulted the defacto complainant after
uttering obscene words. Though the petitioners are alleged to have
assaulted the defacto complainant using steel bangles, the injuries
inflicted do not reflect any grievous in nature.
6. In Ashok Kumar v. State of Union Territory Chandigarh [2024 SCC
OnLine SC 274], it has been held that a mere assertion on the part of the
State while opposing the plea for anticipatory bail that custodial
interrogation is required would not be sufficient and that the State would
have to show or indicate more than prima facie case as to why custodial
interrogation of the accused is required for the purpose of investigation.
In the instant case, the State has not been able to convince this Court
that custodial interrogation is necessary.
7. Having regard to the nature of allegations, and also the nature of injuries
inflicted, I am of the view that custodial interrogation of the petitioner is
not necessary.
8. Accordingly, this application is allowed on the following conditions:
(a) Petitioners shall appear before the Investigating Officer on
18.09.2025 and shall subject themselves to interrogation.
(b) If after interrogation, the Investigating Officer proposes to arrest
the petitioners, then, they shall be released on bail on each of them
executing a bond for Rs.50,000/- (Rupees fifty thousand only) with
two solvent sureties each for the like sum before the Investigating
Officer.
(c) Petitioners shall appear before the Investigating Officer as and
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when required and shall also co-operate with the investigation.
(d) Petitioners shall not intimidate or attempt to influence the
witnesses; nor shall they tamper with the evidence.
(e) Petitioners shall not commit any similar offences while they are
on bail.
In case of violation of any of the above conditions, or if any modification
or deletion of the conditions are required, the jurisdictional Court shall
be empowered to consider such applications, if any, and pass appropriate
orders in accordance with law, notwithstanding the bail having been
granted by this Court.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/10/09/2025
BAIL APPL. NO. 10404 OF 2025
2025:KER:66973
APPENDIX OF BAIL APPL. 10404/2025
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO. 888/2025
OF ARYNAD POLICE STATION, THIRUVANANTHAPURAM
RURAL, THIRUVANANTHAPURAM DISTRICT DATED
02/07/2025.
ANNEXURE A2 A CERTIFIED COPY OF THE ORDER IN CRIMINAL MC
NO. 1904/2025 DATED 28/07/2025 BEFORE THE
HONOURABLE SESSIONS JUDGE, THIRUVANANTHAPURAM
