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2025 Supreme(Online)(Ker) 51894

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
NASRU – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application No. 13507 of 2025



Advocates:
For the Appellants/Petitioners: SRI.V.V.JOY, SMT.SRUTHI RAJIT, SHRI.HEMANTH H., SMT.AZOONTHA ABRAHAM
For the Respondents: SRI. G. SUDHEER, PP

Bail granted based on the progress of investigation and prior releases of co-accused under specified conditions.

Headnote:This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The petitioner is accused No.14 in Crime No.428 of 2025, with allegations of conspiracy, kidnapping, and ransom. The petitioner, having been in judicial custody since 25.10.2025, argues for bail citing the completion of investigation and earlier releases of co-accused. The Public Prosecutor opposes the bail. The Court finds merit in the petitioner’s request based on the investigation stage and grant conditions. The Bail Application is allowed with specified conditions.

Table of Content
1. application filed under bnss for bail. (Para 1 , 2)
2. allegations of conspiracy and ransom. (Para 3)
3. petitioner argues for bail based on investigation status. (Para 4 , 5 , 6)
4. opposition by public prosecutor. (Para 7)
5. granting bail based on judicial observations. (Para 8 , 9)

ORDER

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

2. The petitioner is accused No.14 in Crime No.428 of

2025 of Pandikad Police Station. The offences alleged are punishable under Sections 127 (3), 140(1), 61(2), 115(2), 118(1), 109, 351(3), 111 and 311 r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 ( for short ‘ BNS ’).

3. The prosecution case, as narrated in Annexure 1 order reads thus:

“On 12.08.2025, at 19.52 hours, at Pandikkad Amsom, in front of Pandikkad Tourist Home owing to certain financial transactions between accused No.1 and the husband of the defacto complainant while abroad, and with the intention of eliminating the said husband, accused Nos.1 to 17 criminally conspired together, kidnapped him, wrongfully detained him, and thereafter assaulted him with hands and weapons while demanding ransom money. ” [sic.]

4. The petitioner was arrested on 25.10.2025, 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 accused Nos. 1 to 4 and 8 to 11 were released on bail by this Court, as per order dated 24.10.2025 in B.A. Nos. 12426 of 2025 and 12692 of 2025, and accused Nos. 12, 13, 15 and 16 were released on bail by this Court, as per order dated 17.11.2025 in B.A. No. 13673 of 2025.

7. The case of the petitioner is that the investigation is practically over and further detention of the petitioner is not required.

8. The learned Public Prosecutor opposed the bail plea of the petitioner.

9. I have gone through the Case Diary. Having regard to the nature of the allegations, the stage of the investigation, the period of judicial custody undergone by the petitioner, and the fact that accused Nos. 1 to 4, 8 to 13, 15 and 16 have already been released on bail, 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 leave the State of Kerala without the permission of the jurisdictional Court.

(d) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner has no passport, he shall file an affidavit to that effect.

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

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

(g) 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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