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2025 Supreme(Online)(Ker) 50986

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SURESH KUMAR – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13587 OF 2025



Advocates:
For the Appellants/Petitioners: Sri. Shajin S. Hameed
For the Respondents: Sri. G. Sudheer-PP

Court evaluates evidence for bail eligibility, emphasizing lack of direct involvement.

Headnote:The applicant, accused No.7 in Crime No.1393/2025 filed for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging no connection to the crime. The court found insufficient evidence linking the applicant, noting they were not named in the FIR nor present at the time of the alleged crime. The court issued bail with terms to ensure cooperation in the investigation and prohibited contact with witnesses. The application is allowed.

Table of Content
1. kidnapping and ransom allegations (Para 2 , 3)
2. court's assessment of evidence (Para 4)
3. arguments regarding bail eligibility (Para 5)

O R D E R

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

2. The applicant is the accused No.7 in Crime No.1393/2025 of Parassala Police Station, Thiruvananthapuram Rural. The offences alleged are punishable under Sections 115 (2), 336(2), 351(3), 310(2) 140(2) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that the accused persons with an intention to demand ransom by kidnapping the de facto complainant and another, on 26/08/2025 at 6 pm, kidnapped them in an Innova car bearing registration number KL-20-A-9001 and detained them in the house of accused No.1. After kidnapping the de facto complainant and his friend, the accused persons by demanding a ransom of Rs.50 lakhs, assaulted and intimidated them. Further, it is alleged that the accused persons forged the identity cards and uniforms of Kerala Police and robbed Rs.50,000/- from the de facto complainant and his friend, and thereby committed the offences.

4. I have heard Sri.Shajin S. Hameed, the learned counsel for the applicant and Sri.G.Sudheer, the learned 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. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage. 6. The applicant was arrested on 28.08.2025 and he has been in judicial custody since then. The applicant’s name was not mentioned in the First Information Report (FIR); only accused Nos. 1 to 6 were named in the FIR. The applicant was not physically present when the victim was allegedly kidnapped. The only overt act attributed to the applicant is his alleged involvement in the conspiracy. The applicant has no criminal antecedents. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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

(i) The applicant shall be released on bail 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 jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on 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 the 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 mea APPENDIX OF BAIL APPL. 13587/2025 PETITIONER ANNEXURES Annexure-A TRUE COPY OF THE FIR IN CRIME NO.1393/2025 OF PARASSALA POLICE STATION.

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