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2025 Supreme(Online)(Ker) 49478
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SAJI – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application | 9994/2025 | Crime No.551 of 2025
For the Appellants/Petitioners: Sri.Jithin Babu A.
For the Respondents: Sri.Noushad K.A.
The court established that prolonged custody without necessity warrants bail, provided stringent conditions to prevent potential misuse.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Bail application filed by sole accused in a serious crime - Court finds continued detention unnecessary as the petitioner has been in custody since arrest on 25.07.2025 - Bail granted with conditions stipulated. (Paras 1-8)
(B) Criminal Procedure - Bail considerations - Nature and gravity of the accusations, previous custody duration, and specific bail conditions are guiding factors. (Paras 5-7)
Facts of the case:
Petitioner is accused of assaulting a defacto complainant and his transgender partner due to animosity, arrested on 25.07.2025.
Findings of Court:
Court considered the time spent in custody and the non-necessity of further detention, allowing bail under specific conditions.
Issues: The court examined the balance between the seriousness of the allegations and the petitioner's right to liberty after prolonged custody.
Ratio Decidendi: The court concluded that prolonged custody was unnecessary and established stringent conditions for bail.
Result: Bail application allowed.
| Table of Content |
|---|
| 1. bail application under specific statutes regarding serious crimes. (Para 1 , 2 , 3) |
| 2. arguments presented by counsel regarding accusations and bail request. (Para 4 , 5 , 6) |
| 3. court’s assessment of custody and release reasons. (Para 7) |
| 4. conditions set for granted bail reflecting judicial prudence. (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 sole accused in Crime No.551 of 2025 of Aloor Police Station, Thrissur, registered for the offences punishable under Section s 329 (3), 126(2), 296(b), 115(2), 118(1), 110, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 18 (d) of the Transgender Persons (Protection of Rights) Act, 2019 .
3. The prosecution case is that, on 05.07.2025 the accused, due to an animosity towards the defacto complainant, wrongfully restrained and assaulted him and his transgender partner, and thereby committed the offences alleged. Petitioner was arrested on 25.07.2025 and he has been in custody since then.
4. Heard Sri.Jithin Babu A., the learned Counsel for the petitioner as well as Sri.Noushad K.A., the learned Public Prosecutor.
5. The learned counsel for the petitioner contended that the prosecution allegations are false and that petitioner has no involvement in the alleged crime. It was also submitted that petitioner has been in custody from 25.07.2025 and he 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 is alleged to have assaulted the defacto complainant. Though the allegations are serious, considering the fact that petitioner was arrested on 25.07.2025 and he has been in custody since then, I am of the view that further detention is not necessary. Therefore, petitioner ought to be released on bail.
8. In the result, this bail 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 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.
