Long detention without trial justifies bail if conditions prevent interference with proceedings.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 6^TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947 BAIL APPL. NO. 12190 OF 2025 CRIME NO.539/2025 OF KUZHALMANNAM POLICE STATION, PALAKKAD AGAINST THE ORDER DATED 20.09.2025 IN CRMC NO.4530 OF

2025 OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL APPELLATE AUTHORITY , PALAKKAD PETITIONER/2ND ACCUSED (IN CUSTODY)(ARRESTED ON 18.08.2025):

RAHUL AGED 19 YEARS S/O RAVIKUMAR, SOORYACHIRA HOUSE, PUDUSSERY WEST, PALAKKAD DISTRICT, PIN – 678623.

BY ADVS.

SHRI.SARATH M.S.

SRI.B.PREMNATH (E)

RESPONDENT/ S TAT E :

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031.

PP-SREEJA.V THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

06.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

………………………………………..

B.A.No. 12190 of 2025 …………………………………….….

Dated this the 06^th day of October, 2025

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the second accused in Crime No. 539/2025 of Kuzhalmannam Police Station, Palakkad, registered alleging offences punishable under Sections 329 (3), 324(4), 109(1), 62 of 326(g) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’)

apart from Section 9B (1)(a)(b) of the Explosives Act, 1884 .

3. According to the prosecution, on 14.08.2025 at approximately 01.00 A.M., the accused trespassed into the courtyard of the residence of CW1 and damaged the front window by breaking its glass panes, causing a loss of Rs.1000/-. A bottle containing kerosene like substance fitted with a black wick, resembling an improvised explosive device was found placed near the road side in front of the house and thereby committed the offences alleged. Petitioner was arrested on 18.08.2025, and he has been in custody since then.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that petitioner has been in custody since 18.08.2025, and hence he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application.

7. Petitioner is alleged to have trespassed into the residence of CW1 and attempted to commit mischief using fire. Though the allegations are serious, petitioner has been in custody since 18.08.2025. Taking note of the nature of allegations and the period of custody already undergone by the petitioner, I am of the view that further detention is not necessary. Therefore, petitioner is entitled to be released on bail.

8. 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 Officer 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 the law, notwithstanding the bail having been granted by this Court.