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2025 Supreme(Online)(Ker) 68309

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Babu, J
Sreekanth – Appellant
Versus
State of Kerala – Respondent
Bail Application No. 13473 of 2025 | Crime No. 1143/2025



Advocates:
For the Appellant: Sri. R. Sunil Kumar, Smt. A. Salini Lal, Shri. Jinu P. Binu
For the Respondent: Sri. M.C. Ashi, Sr. PP

A court may grant bail when investigations are largely complete, contingent on conditions of good behavior and non-influence on witnesses.

Headnote:This judgment examines an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, following charges against the petitioner for alleged serious offenses. The prosecution alleged prior animosity led to a stabbing incident. The court determines the investigation is nearly complete and grants bail with conditions to ensure compliance and prevent influence on witnesses. The bail application is approved with prescribed conditions ensuring oversight during the bail period.

Table of Content
1. nature of the alleged offenses and background of the accused. (Para 2 , 3 , 4)
2. arguments for and against the bail application. (Para 5 , 6 , 7)
3. court's reasons for granting bail based on investigation status. (Para 9)

O R D E R

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

2. The petitioner is the sole accused in Crime No.1143 of

2025 of Poojappura Police Station, Thiruvananthapuram. The offences alleged against the petitioner are punishable under Sections 332 (b), 333, 118(2), 109(1) and 351(3) of the Bharatiya Nyaya Sanhita , 2023.

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

“…..owing to prior animosity harboured by the accused towards the de facto complainant, stemming from the fact that the wife of the accused had abandoned him and was residing with the de facto complainant, on 4.08.2025 at about 3:30 PM, the accused proceeded to the residence of the defacto complainant, namely Avanthika House, situated near Vettamukku Park, Thirumala Village, and knocked on the door. Upon the de facto complainant opening the door, the accused enquired about his wife and requested a glass of water. As the de facto complainant turned to fetch water, the accused stabbed him on the back with a knife. Thereafter, the accused trespassed into the house and attempted to stab the complainant in the stomach. The complainant warded off the attack with his left hand, sustaining a deep injury and abrasion to the stomach. The accused then attempted to stab the back of the complainant's head, which was again warded off with his right hand, resulting in injuries to the right wrist and the back of the head. It is alleged that the accused thereby attempted to commit murder and further issued threats to kill the complainant. It is thus alleged that the petitioner committed these offences.” [sic]

4. The petitioner was arrested on 15.08.2025 and he has been in judicial custody since then.

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

6. The learned counsel for the petitioner submitted that the investigation is practically over and further detention of the petitioner is not required.

7. The learned Public Prosecutor opposed the bail plea of the petitioner. It is submitted that the investigating agency has submitted final report.

8. I have gone through the Case Diary.

9. Having regard to the nature of the allegations, I feel 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 between 10 A.M. and 11 A.M. for a period of three months.

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

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

(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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