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2025 Supreme(Online)(Ker) 32094
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
REHAB R R – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 7288 OF 2025 | CRIME NO.431/2025
For the Appellants/Petitioners: SHRI.AMEER SALIM, SMT.NESILI NAZEER, SMT.NANDHANA T.B.
For the Respondents: SRI. NOUSHAD K. A.
Court granted bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, finding custodial interrogation unnecessary based on affidavits and the nature of allegations.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Bail application filed by the 4th accused in a crime involving manhandling due to previous animosity - Serious allegations exist, but court finds custodial interrogation of the accused unnecessary considering the affidavits provided. (Paras 1, 3, 7)
(B) Conditions for Bail - Court set conditions including appearance before the Investigating Officer, bond execution, non-tampering with evidence, and prohibition against leaving the country without permission. (Para 8)
Facts of the case:
The applicant is accused of manhandling the complainant and his friends; previous animosity is cited as context for the altercation. The primary argument revolved around the involvement of the petitioner in the crime, disputed by the petitioner, claiming false implication.
Findings of Court:
Custodial interrogation is deemed unnecessary; bail granted under defined conditions to ensure cooperation with the investigation and protect the integrity of the proceedings.
Issues: The court primarily addressed whether the nature of allegations warranted custodial interrogation and the validity of the conditions imposed under the bail grant.
Ratio Decidendi: The court held that given the context and serious nature of the accusations, conditions set should ensure the petitioner cooperates with ongoing investigations without unnecessary custodial pressure.
Result: Bail application allowed under specified conditions.
| Table of Content |
|---|
| 1. petitioner seeks bail under bnss. (Para 1 , 2) |
| 2. allegations of assault due to animosity. (Para 3) |
| 3. arguments presented for and against bail. (Para 4 , 5) |
| 4. court's decision on bail with conditions. (Para 7) |
ORDER
This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).
2. Petitioner is the 4th accused in Crime No.431 of 2025 of Chavakkad Police Station, Thrissur, registered for the offences punishable under sections 126(2), 115(2), 118(1), 110 and 3(5) of the Bharathiya Nyaya Sanhitha, 2023.
3. According to the prosecution, on 06.05.2025, at around 12 p.m., due to previous animosity, the accused manhandled the defacto complainant and his friends, using a fist bangle and bare hands and thereby 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 has been falsely arrayed as an accused and has no involvement in the alleged crime.
6. The learned Public Prosecutor opposed the bail application.
7. Petitioner is alleged to have, along with other accused assaulted the defacto complainant. Though the allegations are serious in nature and accused 1 to 3 and 5 have already been arrested, considering the affidavit filed by the defacto complainant and also taking note of the nature of the overt acts alleged against the petitioner, I am of the view that custodial interrogation of the petitioner is not necessary.
Accordingly, this application is allowed on the following conditions:
(a) Petitioner shall appear before the Investigating Officer on
30.06.2025 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.
(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.
