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2025 Supreme(Online)(Ker) 44395
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
Thoufeeque – Appellant
Versus
State of Kerala – Respondent
BAIL APPL. NO. 9684 OF 2025 | CRIME NO.747/2025
For the Appellants/Petitioners: Sayed Mansoor Bafakhy Thangal, P.P. Ravook
For the Respondents: Nooshad K. A
Detention already undergone plus seriousness of allegations justify bail with conditions.
Headnote:(A) Law and Sections cited: “Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)”; “Section 194 of the Bharatiya Nyaya Sanhita, 2023” and “Section 108 of the Bharatiya Nyaya Sanhita, 2023” (as amended).
(B) Key legal principles and points: The court considers bail on merits including detention period already undergone and seriousness of allegations; it may grant bail with conditions where custodial detention is not necessary.
(C) Important facts of the case: The accused is alleged to have abetted suicide of a transgender woman; there were alleged personal relationship and financial transactions; the note referencing the petitioner as responsible was there; the accused has already been in custody since 19.07.2025.
(D) Main issues: Whether further custodial detention is necessary; whether bail can be granted with appropriate conditions given the seriousness of the allegations. (E) Findings/ratio decidendi: The court notes the alleged serious nature of the accusations and the fact that detention has already occurred, but concludes that further custody is not necessary; the court may grant bail with conditions. (F) Final decision/
Result: “In the result, this application is allowed on the following conditions:-” (G) Parties involved: The petitioner (accused) and the State with the police official as respondent. (H) Dissent/alternative viewpoints: None.
Facts of the case:
The petitioner is charged under BNSS/ BNS provisions for alleged abetment of suicide of a transgender woman; the victim’s death dated 09.07.2025; there were relationship and financial interactions; custody from 19.07.2025.
Findings of Court:
Not expressly enumerated as separate section; the order grants bail with conditions.
Issues: Main issues relate to the sufficiency of custody and the seriousness of the allegations.
Ratio Decidendi: The order indicates that detention already undergone and the seriousness of the allegations allow bail with conditions, subject to compliance.
Result: Bail granted with specified conditions.
| Table of Content |
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| 1. bail hinges on detention duration and seriousness. (Para 1 , 2 , 3) |
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.747/2025 of Tanur Police Station, Malappuram; registered for the offences punishable under Section 194 of the Bharatiya Nyaya Sanhita, 2023 [for short, BNS ], and subsequently, the provision was altered to Section 108 of .
3. The prosecution case is that, the victim, who is a transgender woman, committed suicide on 09.07.2025 by hanging in the car porch of the house of the accused, who had abetted the commission of suicide and thereby committed the offences alleged. Petitioner was arrested on
19.07.2025 and he has been in custody since then.
4. Sri.Sayed Mansoor Bafakhy Thangal, the learned Counsel for the petitioner, submitted that the prosecution allegations are false and that he has no involvement in the alleged crime. It was also pointed out that the petitioner has been in custody from 19.07.2025, and therefore, further custody is not necessary.
5. Sri.Noushad K.A., the learned Public Prosecutor opposed the bail application and submitted that the allegations are serious and that petitioner ought not to be released on bail.
6. Petitioner is a married man. He was allegedly maintaining a relationship with the deceased transgender woman. A note had also been written by the deceased before her death, referring to the petitioner as the person responsible for her death. There were financial transactions between the petitioner and the deceased as well. Though it is alleged that the deceased committed suicide when the petitioner demanded the amount, the role of the petitioner needs to be established at the conclusion of the investigation. However, considering that the petitioner is alleged to have maintained a relationship and had also financial transactions with the deceased; the allegations are serious. Still, taking into account the period of detention already undergone from 19.07.2025 and also bearing in mind the nature of allegations; I am of the view that further custody of the petitioner is not necessary.
7. 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 OfÏcer 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 for modification or deletion of any of the conditions, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
