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2025 Supreme(Online)(Ker) 50727

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
DIVAKARAN M.T – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application No. 13304 of 2025



Advocates:
For the Appellants/Petitioners: SRI.V.JOHN SEBASTIAN RALPH, SHRI.VISHNU CHANDRAN, SHRI. RALPH RETI JOHN, SHRI.KEVIN JAMES, SMT.SHABNAM SAIDALAVI, SHRI.GIRIDHAR KRISHNA KUMAR, SMT.GEETHU T.A., SMT.MARY GREESHMA, SMT.LIZ JOHNY, SMT.KRISHNAPRIYA SREEKUMAR, SHRI.ABHIJITH P.S, SMT.DEVIKA MANOJ
For the Respondents: SRII.C.K. SURESH, SR.PP TO ADGP

The court allows bail based on the circumstances of the case, emphasizing adherence to bail conditions.

Headnote:The application seeks regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner is accused No.1 in a case regarding culpable homicide related to a pathway dispute leading to death. The court determined that release on bail is appropriate given the nature of the allegations and the duration of custody. The issues included whether bail could be granted considering the seriousness of the charges. The court found that bail was justified conditional upon compliance with set terms. The Bail Application is allowed as thus: The petitioner is ordered to be released on bail on his executing a bond for Rs.50,000/-.

Table of Content
1. court's observations and conditions for bail (Para 1 , 5 , 8)
2. nature of accusations and context of crime (Para 2 , 3 , 4)
3. arguments for and against granting bail (Para 6 , 7)

ORDER

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

2. The petitioner is accused No.1 in Crime No.992/2025 of Kuttipuram Police Station. The offences alleged against the petitioner are punishable under Sections 115 (2) and 105 r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case as narrated in Annexure A4 order reads thus:

“At about 10:30 A.M on 07.10.2025 at Athaloor, due to a pathway dispute, accused Nos.1 and 2 committed culpable homicide upon the husband of the defacto complainant, named Gangadaran, by causing hurt to him with the knowledge that he was a heart patient and as a result he suffered health complications and succumbed while on the way to the Government Taluk Hospital, Kuttippuram.” [sic.]

4. The petitioner was arrested on 07.10.2025 and he has been in judicial custody since then.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. The learned counsel for the petitioner submitted that the petitioner had no intention to attack the victim and the investigation is almost over and further detention of the petitioner is not required.

7. The learned Public Prosecutor opposed the bail plea of the petitioner on the ground that the offences alleged are very grave in nature.

8. Having regard to the nature of the allegations, stage of the investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, the Bail Application is allowed as follows: (a) The petitioner is ordered to 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 jurisdictional court.

(b) The petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10:00 A.M. and 11.00 A.M. for a period of three months or till the final report is filed, whichever is earlier.

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

(d) The petitioner shall not commit any similar offence while on bail.

(e) 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.

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