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2025 Supreme(Online)(Ker) 17073
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
BINEESH K.P – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. 7301/2025
SRI.NIREESH MATHEW
SRI.VIVEK VENUGOPAL
SRI.BABU JOSE
SHRI.GAJENDRA SINGH RAJPUROHIT
SHRI.ATHUL POULOSE
SHRI.AKHIL GEORGE
Bail granted considering the nature of injuries and prior detention of the accused.
Headnote:
This bail application was filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner is accused in Crime No.418 of 2025, alleged to have assaulted the defacto complainant with a knife, inflicting injuries. The court held that considering the injuries sustained and the period of detention already undergone, further detention was not necessary, leading to the granting of bail under specified conditions. The bail application is allowed.
| Table of Content |
|---|
| 1. arguments for and against bail discussed. - What arguments were made regarding bail? (Para 5 , 6) |
| 2. court discusses injury assessment. - How does the court assess the nature of injuries? (Para 7) |
| 3. conditions for bail outlined. - What conditions were imposed on the bail? (Para 8) |
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.418 of 2025 of Mala Police Station, Thrissur, registered for the offences punishable under sections126(2), 118(1) and 110 of the Bharatiya Nyaya Sanhita , 2023.
3. According to the prosecution, on 13.04.2025, at around 11.45 p.m., due to previous animosity, the accused attacked the friend of the defacto complainant with a knife and when the defacto complainant intervened, the accused tried to stab him and thereby the defacto complainant sustained injury and thus the accused committed the offences alleged.
4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner surrendered on 28.05.2025 and he has been in custody since then.
6. The learned Public Prosecutor opposed the bail application.
7. Petitioner is alleged to have assaulted the defacto complainant with a knife and inflicted injuries on his forehead as well as on the head. A perusal of nature of injuries, as revealed from the wound certificate indicates a lacerated wound on the forehead as well as a lacerated wound on the chest.
8. Considering the nature of injuries sustained by the defacto complainant as well as the period of detention already undergone by the petitioner, I am of the view that further detention is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.
In the result, this application is allowed on the following conditions:-
(a) Petitioner 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 to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
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.
