Kerala High Court
Sinan P vs State Of Kerala on 16 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 9688 OF 2025
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2025:KER:68786
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 16TH DAY OF SEPTEMBER 2025 / 25TH BHADRA, 1947
BAIL APPL. NO. 9688 OF 2025
CRIME NO.526/2025 OF KOTTAKKAL POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED 02.08.2025 IN CRMC NO.755 OF
2025 OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, MANJERI
PETITIONER(S)/ACCUSED NO.3:
SINAN P
AGED 18 YEARS
S/O.SAIDALAVI HAJI, PAREDATH HOUSE,
P.O. VALAKKULAM, MALAPPURAM DISTRICT,
PIN - 676508.
BY ADVS.
SHRI.K.K.SAIDALAVI
SRI.K.K.NASRUL HAQUE
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031.
BY SMT. SREEJA V, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.09.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 9688 OF 2025
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2025:KER:68786
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.9688 of 2025
...................................................
Dated this the 16th day of September, 2025
ORDER
This bail application is filed under Section 482 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the 3rd accused in Crime No.526/2025 of Kottakkal Police
Station, Malappuram, registered alleging offences punishable under
Sections 126(2), 115(2), 118(1) r/w Section 3(5) of the Bharatiya Nyaya
Sanhita, 2023 (for short 'BNS').
3. According to the prosecution, the accused had on 30.06.2025 assaulted
the defacto complainant within the grounds of KHMHS School and after
restraining the defacto complainant, scratched him with a compass and
also punched him on his lips, and thereby committed the offences
alleged.
4. I have heard the learned counsel for the petitioner as well as the learned
Public Prosecutor.
5. The learned counsel for the petitioner submitted that the entire
prosecution allegations are false and no such incident as alleged had
occurred. It was further submitted that petitioner is willing to abide by
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any conditions that may be imposed upon him, and that his custodial
interrogation ought to be avoided.
6. The learned Public Prosecutor opposed the bail application and submitted
that the allegations against the petitioner are serious in nature and
hence custodial interrogation is essential.
7. Petitioner, along with the other accused, is alleged to have assaulted the
defacto complainant. The specific allegation against the petitioner is that
he scratched on the face of the defacto complainant below his eyes with
a compass. Though the allegations are serious, considering that the
petitioner is only 18 years in age, I am of the view that custodial
interrogation of the petitioner is not necessary.
8. In Sushila Aggarwal and Others v. State (NCT of Delhi) and
Another, [2020 (5) SCC 1], it was held that while considering whether to
grant anticipatory bail or not, Courts ought to be generally guided by
considerations such as the nature and gravity of the offences, the role
attributed to the applicant, and the facts of the case. Grant of
anticipatory bail is a matter of discretion and the kind of conditions to be
imposed or not to be imposed are all dependent on facts of each case,
and subject to the discretion of the court.
9. Since the petitioner is a teenager just out of his minority, and considering
the nature of injuries inflicted on the defacto complainant, I am of the
view that custodial interrogation of the petitioner is not necessary.
Therefore, petitioner can be protected with an order of pre-arrest bail,
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subject to conditions.
10. Accordingly, this application is allowed on the following
conditions:
(a) Petitioner shall appear before the Investigating Officer on
25.09.2025 and shall subject himself to interrogation.
(b) If after interrogation, the Investigating Officer proposes to arrest
the petitioner, then, he shall be released on bail on him 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) Petitioner shall appear before the Investigating Officer as and
when required and shall also co-operate with the investigation.
(d) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he tamper with the evidence.
(e) Petitioner shall not commit any similar offences while he is 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/16/09/2025
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APPENDIX OF BAIL APPL. 9688/2025
PETITIONER ANNEXURES
ANNEXURE-1 TRUE COPY OF THE SSLC CARD OF THE PETITIONER,
TO PROVE HIS AGE.
ANNEXURE-2 TRUE COPY OF THE F.I.R.NO.526/2025 DATED
2/7/2025, OF KOTTAKKAL POLICE STATION,
MALAPPURAM.
ANNEXURE-3 ORIGINAL COPY OF THE ORDER IN
CRL.M.C.NO.755/2025 DATED 2/8/2025 OF
SESSIONS COURT, MANJERI.
ANNEXURE-4 TRUE COPY OF THE MARK LIST OF HSE 1ST YEAR
MARCH EXAMINATIONS RESULT, 2025, IN REG.
NO.25337829, OF THE PETITIONER, FOR COMMERCE
SUBJECT.
