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2025 Supreme(Online)(Ker) 50987

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MUHAMMED HARIS, SURJITH, KIRAN, RAJKUMAR, RAKESH C., AJAY KRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13592 OF 2025



Advocates:
For the Appellants/Petitioners: SMT.NANDITHA S., SRI.P.M.RAFIQ, SRI.M.REVIKRISHNAN, SRI.AJEESH K.SASI, SRUTHY N. BHAT, SMT.SRUTHY K.K, SHRI.AARON ZACHARIAS BENNY, SHRI.K.ARAVIND MENON
For the Respondent: SRI.M.C.ASHI-SR.PP

The court determined bail eligibility based on the stage of investigation and necessity of continued detention.

Headnote:The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. The accused are charged with offences punishable under Sections 109(1), 3(5) and 49 of the Bharatiya Nyaya Sanhita, 2023. The Court finds that the applicants are entitled to bail as their continued detention is not required given the stage of investigation and period of judicial custody.

Result: The application is allowed with specific conditions for bail.

Table of Content
1. offences charged and circumstances of the incident. (Para 2)

O R D E R

This application is filed u/s Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking regular bail.

2. The applicants are the accused Nos. 1 to 6 in Crime No.754/ 2025 of Shornur Police Station, Palakkad. The offences alleged are punishable under Sections 109 (1), 3(5) and

49 of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on

08.10.2025 sometime between 04.00 pm and 10.00 pm, at Panayur, due to previous animosity towards the son of the complainant, the accused manhandled the son of the complainant and he sustained serious injuries. Thereby, the accused have committed the above mentioned offences. 4. I have heard Sri. P.M.Rafiq, the learned counsel for the applicants and Sri.M.C. Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are 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 applicants, and they are not entitled to bail at this stage.

6. The applicant Nos. 1 to 4 were arrested on

10.10.2025, applicant No.5 was arrested on 13.10.2025 and applicant No.6 was arrested on 16.10.2025. Since then, they have been in judicial custody . It is true that the applicants have criminal antecedents. However, the investigation is almost over and they have been in judicial custody for more than 30 days. For all these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

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

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

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

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

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

(v) The applicants 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 applicants 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 VPK APPENDIX OF BAIL APPL. 13592/2025 PETITIONER ANNEXURES Annexure-1 TRUE COPY OF THE COMMON ORDER DATED 03-

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