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2025 Supreme(Online)(Ker) 52050

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
MINI – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application | BAIL APPL. NO. 13154 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.M.SUNILKUMAR, SRI.S.SANDEEP, SHRI.RAJEESH V.R., SHRI.RAKESH R., SHRI.RAHUL S.NATH
For the Respondents: SRI. M.C. ASHI

The court determined that the nature of the allegations and the stage of investigation justified granting bail with specific conditions.

Headnote:This judgment addresses an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner, facing severe allegations, is accused of attempting to assassinate her daughter-in-law owing to familial conflict. The court found the nature of allegations and the investigative stage warranted bail. The core issues included whether the petitioner's detention was necessary. The court concluded that the petitioner could be released on bail with specific conditions. The Bail Application is allowed, and terms are set to ensure compliance and witness protection.

Table of Content
1. details of allegations against the petitioner. (Para 2 , 3)
2. arguments presented by both parties. (Para 5 , 6 , 7)
3. court's observations and final order. (Para 8)

O R D E R

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

2. The petitioner is the sole accused in Crime No.1183/2025 of Alappuzha South Police Station. The offences alleged against the petitioner are punishable under Sections 127(2), 115(2), 118(2) and 109(1) of Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case as narrated in Annexure A3 order reads thus:

“The victim is the daughter of defacto complainant. Petitioner is the mother-in-law of the victim. The petitioner was against the marriage of her son with the victim as the victim is elder than her son and this was her second marriage. Due to this reason, the petitioner harboured animosity towards the victim and she never allowed the couples to Iive together. Knowing that the son of the petitioner decided to live together in a rented house, on 01.10.2025 at about 7:00 p.m., he petitioner, took the victim in an autorickshaw and brought to her residence named Muttathiparambil House at Kuthirappanthi ward, Alappuzha. After entering the hall room of the said house, the petitioner forcefully tied her hands and legs using a yellow coloured plastic rope and her mouth was covered with a packing tape and tried to strangulate her with a pillow. Thereafter, the petitioner inflicted injuries on her left eye, left ear and multiple injuries Over neck with a scissor and a knife and thereby tried to do away her. The victim ran towards the first floor of the said house, entered a room, closed the door, and escaped from clutches of the petitioner. ” [sic.]

4. The petitioner was arrested on 02.10.2025 and she 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 the investigation is practically over and further detention of the petitioner is not required.

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

8. I have gone through the Case Diary. Having regard to the nature of the allegations, 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 her 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 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) 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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