Allen Jose vs State Of Kerala
2025 Latest Caselaw 9305 Ker

Kerala High Court

Allen Jose vs State Of Kerala on 29 September, 2025

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                                                      2025:KER:72691

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  MONDAY, THE 29TH DAY OF SEPTEMBER 2025 / 7TH ASWINA, 1947
                 BAIL APPL. NO. 11737 OF 2025
 CRIME NO.681/2024 OF THOPPUMPADY POLICE STATION, ERNAKULAM
        SC NO.1243 OF 2024 OF SPECIAL C IDAMALAYAR INVN & 5
ADDITIONAL DISTRICT COURT/RENT CONTROL APPELLATE AUTHORITY,
              ERNAKULAM/ II ADDITIONAL MACT, EKM

PETITIONER/ACCUSED NO.2:

          ALLEN JOSE
          AGED 24 YEARS
          S/O JOHNSON H
          HOUSE NO. 17/1232,
          N LEENA DALE, PUTHEN PADATH HOUSE,
          NEAR PHILIPPINERI CONVENT,
          ATHIPOZHY JN., MUNDAMVELI,
          PAMESWARAM, ERNAKULAM PIN - 682507
          REPRESENTED BY HIS FATHER JOHNSON H

          BY ADVS.
          SHRI.LAL K.JOSEPH
          SHRI.P.MURALEEDHARAN (THURAVOOR)
          SMT.T.A.LUXY
          SHRI.SURESH SUKUMAR
          SHRI.ADITHYA S. PUTHEZHATH
          SMT.SONIA SHIBU
          SMT.AAMINA RAFEEK


RESPONDENT/COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031

    2     THE STATION HOUSE OFFICER
          THOPPUMPADY POLICE STATION,
          ERNAKULAM, KERALA, PIN - 682005
                                                   2025:KER:72691
B.A. No.11737 of 2025
                                -:2:-



             BY ADV. C.K.SURESH,
             SENIOR PUBLIC PROSECUTOR


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.09.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                                                2025:KER:72691
B.A. No.11737 of 2025
                                   -:3:-

                      BECHU KURIAN THOMAS, J.
                    ----------------------------------------
                         B.A. No.11737 of 2025
                    ----------------------------------------
               Dated this the 29th day of September, 2025

                                 ORDER

This bail application is filed under section 483 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').

2. Petitioner is the accused in Crime No.681 of 2024 of

Thoppumpady Police Station, Ernakulam, registered for the offence

punishable under Sections 302, 449 and 201 of the Indian Penal Code,

1860.

3. Prosecution alleges that the accused had on 15.05.2024,

committed brutal murder of the husband of CW2, and thereby

committed the offence alleged. Petitioner was arrested on 16.05.2024,

and he has been in custody since then.

4. Heard Sri. Lal K. Joseph, the learned counsel for the

petitioner as well as Sri. C. K. Suresh, the learned Senior Public

Prosecutor.

5. The learned counsel for the petitioner contended that the

prosecution allegations are false and the petitioner ought to be

released on bail. The learned counsel further submitted that petitioner

is stated to be a mentally ill person, and hence, he ought to be

released on bail as per the provisions of Section 369 of the Bharatiya 2025:KER:72691

Nagarik Suraksha Sanhita, 2023. The learned counsel also referred to

the judgment of this Court in O.P(Crl.) No.487/2019 Suo motu vs.

State of Kerala, wherein directions were issued to the State

Government to forthwith set up Mental Health Establishments as per

the provision of Section 103(6) of the Mental Healthcare Act in at least

one prison in the State, and the prisoners with mental illness should

ordinarily be referred to and cared for in such establishments. Various

other directions were also issued in the said case. According to the

learned counsel, if petitioner is identified as a person suffering from a

mental illness, he ought to be sent to the said establishment if the court

is not inclined to grant bail.

6. Sri. C. K. Suresh, the learned Senior Public Prosecutor, on

the other hand, submitted that petitioner had committed brutal murder

of the husband of CW2 merely because CW2 had allegedly referred him

to a psychologist. It was also submitted that the life of CW2 itself is in

danger if the petitioner is released on bail and further pointed out that

petitioner will be provided all due medical care required in an

appropriate institution established by the Government for mental

healthcare, and therefore, the contentions raised are bereft of any

merit.

7. I have considered the rival contentions and also perused

the case diary.

2025:KER:72691

8. Petitioner is alleged to have inflicted 21 antemortem stab

injuries on the husband of CW2. The reason for the murder is stated to

be the enmity against CW2 since she had referred him to a

psychologist. The prosecution alleges that the petitioner was addicted

to drugs, as a result of which he developed animosity against CW2, who

was a close family friend of his father. The circumstances indicate that

the petitioner had commit a brutal murder. During the course of

hearing, a psychiatric evaluation report was called for. It is stated that

from the history and examination of the patient, he is diagnosed to

have a psychotic disorder, most probably schizophrenia. The report

also states that the symptom of the patient has improved. It is also

advised that he needs to be kept under supervision and needs regular

treatment.

9. The nature of allegations against the petitioner and the

manner in which the crime is alleged to have been committed indicate

that CW2's life is possibly in danger. Moreover, the brutality and the

mode of committing the crime stands against the petitioner being

released on bail.

10. Even though the learned counsel for the petitioner

submitted that the father of the petitioner is willing to take care of him,

the prosecution case, as revealed from the case diary, indicates that

despite CW2 intimating the father repeatedly about the threat being

hurled at her, by the petitioner, no steps were taken by him to prevent 2025:KER:72691

the crime. Therefore, at this juncture, this Court is not in a position to

accept the statement by the learned counsel that the father is capable

of taking care of the petitioner.

11. Since the petitioner is apparently suffering from mental

illness, appropriate medical care will have to be provided by the State

Government. The direction of the learned Single Judge of this Court in

Suo motu vs. State of Kerala [ O.P(Crl.) No.487/2019], has

apparently not been complied with till date. It is unfortunate that the

State who is bound to comply with the directions issued in

O.P(Crl.) No.487/2019 have failed to abide by those directions.

Nevertheless, merely because such an establishment has not been set

up as contemplated by law, does not mean that the petitioner should be

released on bail.

12. Accordingly, I dismiss this bail application with the

expectation that the State will understand the raison d'etre behind the

direction issued in O.P(Crl.) No.487/2019 and take urgent steps to

comply with those directions. The petitioner will be at liberty to

approach the Sessions Court with appropriate applications for ensuring

that proper medical treatments are provided to him as required.

Sd/-

BECHU KURIAN THOMAS JUDGE jka/29.09.25.

2025:KER:72691

APPENDIX OF BAIL APPL. 11737/2025

PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE ORDER DATED 07.07.2025 IN CRL. M.P. 2631 OF 2025 IN SC 1243 OF 2024 BEFORE THE ADDITIONAL SESSIONS JUDGE- V, ERNAKULAM Annexure A2 THE TRUE COPY OF THE DISCHARGE SUMMARY DATED 10.08.2022 ISSUED BY NEST-THE VILLAGE OF COMFORT, DEADDICTION CENTRE, THRISSUR DATED 10.08.2022 Annexure A3 THE TRUE COPY OF THE MEDICAL CARD ISSUED BY THE KUSUMAGIRI HOSPITAL, KAKKANAD BEARING REGISTRATION NO. 41613 DATED NIL Annexure A4 THE TRUE COPY OF THE MEDICAL CARD ISSUED BY THE KRISHNA HOSPITAL ERNAKULAM BEARING O.P. NO. 54522 DATED 13.02.2023 Annexure A5 THE TRUE COPY OF THE REPORT ALONG WITH PRESCRIPTION DATED 06.02.2024 ISSUED FROM THE GENERAL HOSPITAL, ERNAKULAM.

Annexure A6 THE TRUE COPY OF THE REPORT ALONG WITH PRESCRIPTION DATED 07.02.2024 ISSUED FROM THE GENERAL HOSPITAL, ERNAKULAM.

Annexure A7 THE TRUE COPY OF THE REPORT ALONG WITH PRESCRIPTION 07.03.2024 ISSUED FROM THE GENERAL HOSPITAL, ERNAKULAM.

Annexure A8 THE TRUE COPY OF THE ORDER DATED 13.08.2021 IN OP(CRL.) 487 OF 2019 OF THIS HON'BLE COURT.