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2025 Supreme(Online)(Ker) 52055

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
ATHUL – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application No. 13393 of 2025 | Crime No.1531/2025



Advocates:
For the Appellants/Petitioners: SRI.BINU GEORGE, SMT.HEMALATHA
For the Respondents: SRI. M.C. ASHI, SR.PP

The court denied anticipatory bail based on the severity of the allegations and the petitioner's criminal antecedents.

Headnote:This judgment addresses an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding allegations of assault against the petitioner. The prosecution asserts that the petitioner grievously injured the complainant, while the petitioner contests the severity of the injuries. The court, after examination of the Case Diary and the seriousness of the allegations, determined that the petitioner is ineligible for bail. The petitioner's request for anticipatory bail was ultimately denied.

Table of Content
1. overview of the bail application and allegations. (Para 2 , 3)
2. court's evaluation leading to bail denial. (Para 4 , 10)
3. arguments presented by both sides regarding bail. (Para 5 , 6)

K.BABU, J.

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

B.A No.13393 of 2025 --------------------------------------- Dated this the 20th day of November, 2025 O R D E R This is an application seeking anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioner is the accused in Crime No.1531/2025 of Paravoor Police Station. The offences alleged against the petitioner are punishable under Sections 296(b), 126(2), 115(2), 1181) and 118(2)

of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, as narrated in Annexure A2 order, reads thus:

“On 24.09.2025 at 10.00 pm., the petitioner along with others came in his car and blocked the motorcycle driven by the complainant. The petitioner had then got out of the car, verbally abused the complainant and struck the complainant with an iron rod causing fracture of his left fibula.”[SIC]

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the defacto complainant has not sustained any fracture as alleged. It is further submitted that six months ago, the defaco complainant had sustained a fracture.

6. The learned Public Prosecutor opposed the bail application on the following grounds.

1. The petitioner has criminal antecedents.

2. The offences alleged are grave and the defacto complainant sustained a fracture.

7. I have gone through the Case Diary. The petitioner is the accused in the following crimes:

1. Paravoor Police Station Cr.406/2008 U/s 452, 323, 442, 323, 506(i), 34 IPC, & Sec 27 of Arms Act

2. Cr. 911/2010 U/S 143, 147, 148, 294(b), 324, 326, 308, 506(i), 149 IPC

3. Cr. 1354/2010 U/S 451, 324, 506(i), 34 IPC & Sec 27 of Arms Act

4. Cr.611/2011 U/S 143, 147, 148, 323, 326, 308, 149 IPC

5. Cr. 26/2014 U/S 341, 294(b), 323 IPC 6. Cr. 450/2021 U/S 20, 21 of KRBP Act

7. Cr. 1944/2017 U/S 143, 147, 148, 324, 307, 149 IPC 8. 452/2023 U/S 341, 294(b), 323, 324, 506, 34 IPC

9. ChathannoorPolice Station Cr. 594/2024 U/s 143, 147, 148, 341, 323, 324, 294(b), 307, 506(i), 149 IPC

8. The accident register-cum-wound certificate dated

24.09.2025 issued by the Government Health Centre shows that the defacto complainant had sustained a fracture and underwent treatment.

9. The learned Public Prosecutor submitted that the defacto complainant was referred to the Medical College Hospital, Parippally and he continued his treatment there.

10. Having regard to the circumstances brought out, I feel that the petitioner is not entitled to get anticipatory bail.

11. Therefore, the Bail Application stands dismissed.

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