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2025 Supreme(Online)(Ker) 26669
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
ISHA – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 8190 OF 2025
For the Appellants/Petitioners: SMT.PADMA LAKSHMI
For the Respondents: SMT.SREEJA V.
Bail granted on condition of no further harmful conduct after assessing the nature of allegations and duration of custody.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Application for bail - The petitioner, accused in serious offences, argued for bail on the basis of false allegations and period of custody. Considered the nature of allegations, the court found further detention unnecessary and granted bail with conditions. (Paras 2, 6, 8)
(B) Conditions of Bail - Included executing a bond, regular appearance before Investigating Officer, non-intimidation of witnesses, and non-commission of similar offences while on bail.
| Table of Content |
|---|
| 1. incident leading to arrest of the petitioner. (Para 2 , 3) |
| 2. court determines necessity of detention and grants bail with specific conditions. (Para 4) |
| 3. arguments presented by the petitioner and the prosecution. (Para 5 , 6) |
| 4. court's considerations for granting bail. (Para 7 , 8) |
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023.
2. Petitioner is the 2nd accused in Crime No.1593 of 2025 of Kottarakara Police Station, Kollam, registered for the offences punishable under Sections 61 (2), 189(2), 191(2), 121(1), 132 and
190 of the Bharatiya Nyaya Sanhita , 2023 [for short, ‘the BNS ’].
3. According to the prosecution, the accused, who is a transgender, along with other persons, were issued with summons for appearance in C.C.No.1208 of 2021, which agitated the petitioner and other accused and they raised protests after forming themselves into an assembly and obstructed the movement of trafÏc on 19.06.2025. When the protesters were attempted to be removed by the Police, the accused assaulted and deterred the Police OfÏcers from carrying out their ofÏcial duties and even attempted to assault one passer-by using a stone and threw the stone towards the Police Inspector and also took the lathi from a Police OfÏcer and assaulted a Woman Police Constable on her head while the 1st accused threw a soda bottle causing a deep injury on her forehead. All the accused are alleged to have acted with common intention and thereby committed the offences alleged. During the course of investigation offence under Section 109 (1) of BNS was also added. Petitioner was arrested on 19.06.2025 and she has been in custody since then.
4. Heard Adv.Padma Lakshmi, the learned Counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.
5. The learned counsel for the petitioner contended that the prosecution allegations are false and that petitioner has been in custody since 19.06.2025 and she ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application and submitted that petitioner ought not to be released on bail.
7. Petitioner and other accused are alleged to have assaulted the Police OfÏcers and deterred them from carrying out their ofÏcial duties. Certain injuries are allegedly to have inflicted on some of the Police OfÏcers including a Woman Police Constable, who suffered an injury on her forehead.
8. Though the nature of injuries inflicted on the Police OfÏcers are serious, considering the period of detention already undergone by the petitioner and having regard to the nature of allegation, I am of the view that further custody of the petitioner is not necessary. Therefore, petitioner ought to be released on bail.
In the result, this bail application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on her 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 OfÏcer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence.
(d) Petitioner shall not commit any similar offences while she is on bail.
