SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 45629

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Babu, J
Kannan – Appellant
Versus
State of Kerala – Respondent
Bail Application No. 12309 of 2025 | Crime No. 685/2025



Advocates:
For the Appellants/Petitioners: Sri. C.P. Udayabhanu, Sri. Navaneeth N. Nath, Shri. Rassal Janardhanan A, Shri. Abhishek M. Kunnathu, Shri. Boban Palat, Shri. P.U. Pratheesh Kumar, Shri. P.R. Ajay, Shri. K.U. Swapnil, Shri. Pranav Ushakar, Smt. Swetha Bijumon
For the Respondents: Sri G Sudheer

Court can grant bail if investigation stage and nature of allegations warrant it, with stipulated conditions.

Headnote:The petitioner seeks bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as a sole accused in Crime No.685/2025, charged with a threat and physical assault due to a temple dispute. The court finds sufficient grounds for bail based on investigation stage and nature of allegations. The court stipulates several conditions for bail approval, while emphasizing adherence to legal expectations.

Table of Content
1. application for bail under statutory provisions. (Para 1 , 2 , 3)
2. accusations and defense presented. (Para 4 , 5)
3. public prosecutor's opposition noted. (Para 6 , 7 , 8)

ORDER

This is an application seeking regular bail filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioner is the sole accused in Crime No.685/2025 of Thadiyittaparambu Police Station. The offence alleged against the petitioner is punishable under Section 109 (1) of Bharatiya Nyaya Sanhita , 2023 (' BNS ' for short).

3. The prosecution case is that on 14.09.2025, at around 10:00 p.m., in Asanpadi, Kizhakambalam Village, the petitioner/accused, due to enmity over a temple lamp- lighting ritual, allegedly threatened to kill the de facto complainant near her house at the temple platform and kicked her from behind off a 13-foot-high platform, causing her to fall and sustain serious injuries, including a fractured left rib, a large wound above her left lip, and a wound on her lower jaw.

4. The case of the petitioner is that he is innocent of the allegations levelled against him. According to the petitioner, on 14.09.2025, he visited the temple along with his wife, who lit the lamp. The de facto complainant attacked his wife with a knife causing injuries. The petitioner intervened and a scuffle ensued and the de facto complainant fell from the platform. The learned counsel for the petitioner submitted the petitioner has not used any weapon.

5. The petitioner was arrested on 16.09.2025 and has been in judicial custody since then.

6. Heard the learned counsel for the petitioner and the learned Pubic Prosecutor.

7. The learned counsel for the petitioner submitted that the petitioner voluntarily went to the police station and filed a complaint, but he was illegally detained. According to the petitioner, this crime was registered to justify his illegal detention.

7. The learned Public Prosecutor opposed the bail plea.

8. I have gone through the Case Diary. Having regard to the stage of the investigation and the nature of allegations, this Court is of the view that this is a fit case where bail can be granted to the petitioner on conditions.

In the result, this Bail Application is allowed as follows :

(a) The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the court below.

(b) He shall appear before the Investigating Officer on all Mondays and Fridays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.

(c) He shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.

(d) If any of the bail conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail, in accordance with law.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top