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2025 Supreme(Online)(Ker) 51899

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
RATHEESH R – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application No. 13560 of 2025 | Crime No. 968/2025



Advocates:
For the Appellants/Petitioners: SHRI.NAHAS H.
For the Respondents: SMT. M.K. PUSHIPALATHA, SR. PP

The entitlement to bail depends on the progress of the investigation and the absence of risk factors such as criminal antecedents.

Headnote:This case arises from an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regarding the petitioner accused of possessing illegal ammunition. The petitioner was arrested on 11/10/2025 and has since been in judicial custody. The court finds the investigation is nearing completion and allows bail subject to specific conditions. The key issues include the necessity of further detention against the petitioner's rights. The court concludes that under the circumstances, the grant of bail is justified with stipulated conditions.

Table of Content
1. facts of the case and background of arrest. (Para 1 , 2 , 4)
2. arguments presented from both sides regarding bail. (Para 5 , 6 , 7)
3. court’s observation on the investigation and bail eligibility. (Para 8)

K.BABU, J.

--------------------------------------

B.A No.13560 of 2025 --------------------------------------- Dated this the 18th day of November, 2025 O R D E R This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

2. The petitioner is accused No.1 in Crime No.968/2025 of Peerumade Police Station. The offences alleged against the petitioner and the other accused are punishable under Sections 3(1), 25(1-B)(a) of the Arms Act, 1959 .

3. The prosecution case is as follows :-

On 10/10/2025 at 06:30 p.m., the petitioner along with other accused were found residing in room No.209 of the KTDC, Tamarint Building, Peermade, possessing three bullet cartridges without any valid lincense or authorisation.

4. The petitioner was arrested on 11/10/2025 and he has been in judicial custody since then.

5. Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.

6. The learned counsel for the petitioner submitted that the investigation is in the final stage and the further detention of the petitioner is not required.

7. The learned Public Prosecutor opposed the bail plea of the petitioner on the ground that the petitioner has criminal antecedents. The learned Senior Public Prosecutor submitted that the petitioner is involved in forest offences.

8. I have gone through the Case Diary. The Investigation is almost in the final stage. Having regard to the stage of the investigation and the tenure of judicial custody undergone by the petitioner, 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, Wednesdays and Fridays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.

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

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

(e) The petitioner shall surrender his passport, if any, before the Investigating Officer.

(f) The petitioner shall not leave the State of Kerala without the permission of the Investigating Officer.

(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.

Sd/-

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