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2025 Supreme(Online)(Ker) 35476
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
NIDHIN – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application|B.A.No.8287 of 2025|Crime No.936/2025
For the Appellants/Petitioners: SHRI.VISHNU DAS, SRI. SRUTHI DAS, SMT.MARIA NEETHU T.J, SMT.ANAGHA A.S
For the Respondents: SMT. SREEJA V., PP
Custodial interrogation deemed necessary where grievous injuries are inflicted.
Headnote:This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Petitioner is the first accused in Crime No. 936/2025 registered for serious offences, resulting in grievous hurt to the informant. Findings indicate that custodial interrogation is necessary due to the nature of injuries. The underlining issue is whether bail should be granted in light of serious allegations. The court ultimately held that custodial interrogation is necessary and dismissed the bail application, with provisions for future bail consideration post-arrest.
| Table of Content |
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| 1. bail application is based on the charge of grievous assault. (Para 1 , 2 , 3) |
| 2. counsel representations for both sides considered. (Para 4) |
| 3. court finds custodial interrogation necessary. (Para 5) |
ORDER
This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).
2. Petitioner is the first accused in Crime No. 936/2025 of Vaikom Police Station, Kottayam, registered for the offences punishable under Section s 115 (2), 118(1)(2), and 126(2) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’).
3. According to the prosecution, on 07.06.2025, the first accused wrongfully restrained the informant, who was riding a motor bike by blocking it with a bullet motor cycle and then he hit multiple times on the head and face of the informant and attacked him with a helmet, leaving him with two broken teeth and loss of one tooth and caused grievous hurt while accused 2 to 4 assaulted the informant with their bare hands and thereby the accused committed the offences alleged.
4. I have heard Sri. Vishnu Das, the learned counsel for the petitioner as well as Smt. Sreeja V., the learned Public Prosecutor.
5. Petitioner and other accused are alleged to have assaulted the defacto complainant with a helmet, resulting in grievous hurt. The nature of injuries indicates that the defacto complainant had three broken teeth. Since the injuries inflicted on the defacto complainant are grievous and a weapon of offence was also used, I am of the view that custodial interrogation of the petitioner is necessary.
Accordingly, this bail application is dismissed. However, if in case the petitioner surrenders before the Investigating Officer on 22.07.2025, he shall be subjected to interrogation, and thereafter, if in case he is arrested, he shall be produced before the jurisdictional court on the same day. If any application for bail is filed, the same shall be considered, preferably, on the same day itself.
