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2025 Supreme(Online)(Ker) 50982

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
NITISHMON B.C – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13072 OF 2025 | CRIME NO.1061/2025



Advocates:
For the Appellants/Petitioners: Sri.Boby Thomas, Shri.Winston K.V, Shri.G.Motilal, Smt.K.M.Fathima, Shri.Paul T. Samuel
For the Respondents: ADV M C ASHI SR PP

The court grants bail as custodial interrogation is deemed unnecessary considering the circumstances surrounding the case.

Headnote:This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail. The applicant is accused No.1 in Crime No.1061 of 2025 with charges under Sections 332(c) and 118(1) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023. The court determined that the applicant is entitled to bail as custodial interrogation is unnecessary given the lack of serious injuries and absence of criminal antecedents. The outcome is that the application for bail is allowed, subject to specified conditions.

Table of Content
1. application filed under pre-arrest bail. (Para 2 , 3)
2. arguments presented by counsel regarding innocence and prosecution. (Para 4 , 5)
3. court observations on the necessity of custodial interrogation. (Para 6)

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking pre-arrest bail.

2. The applicant is the accused No.1 in Crime No.1061 of

2025 of Keezhvaipur Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 3 32 (c) and 118(1) r/w 3(5) of the Bharatiya Nyaya Sanhita , 2023 ( for short, ' BNS ').

3. The prosecution case, in short, is that on 02.10.2025 at about 8 pm, the applicant along with the accused No.2 trespassed into the residential house of the defacto complainant and assaulted him using a wooden log.

4. I have heard Sri.Boby Thomas, the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

6. I went through the wound certificate made available to me by the learned Prosecutor. There are no serious injuries apart from tenderness and contusion. Moreover, the weapon used is a wooden log, which has already been recovered. The applicant has no criminal antecedents. The accused No.2 has already been granted anticipatory bail by the Sessions Court. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS APPENDIX OF BAIL APPL. 13072/2025 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1061 OF 2025 REGISTERED BY THE SHO OF POLICE, KEEZHVAIPUR POLICE STATION IN PATHANAMTHITTA DISTRICT ANNEXURE A2 TRUE COPY OF THE ORDER PASSED BY THE HON’BLE SESSIONS COURT, PATHANAMTHITTA IN CRL.M.P NO. 8149/2025 DATED

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