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2025 Supreme(Online)(Ker) 52057

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SHIBU S,BINU S – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. No. 13470 of 2025 | Crime No.1080/2025



Advocates:
For the Appellants/Petitioners: SHRI.JERRY MATHEW, SMT.DEVIKA K.R., SMT.SANTRA ANIX KALLUZHATHIL
For the Respondents: SMT. M.K. PUSHPALATHA, SR.PP

Court denied anticipatory bail due to the serious nature of charges and criminal antecedents of the petitioners.

Headnote:This application seeks anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The accused are charged with serious offenses based on a complaint of violent behavior. The court found that the petitioners' criminal background and the nature of the offenses committed do not warrant bail. The court dismissed the application for bail.

Table of Content
1. application for anticipatory bail filed. (Para 1 , 2)
2. details of allegations and injuries sustained. (Para 3 , 4 , 5)
3. decision based on criminal antecedents. (Para 6 , 7)

K.BABU, J.

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

B.A No.13470 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 petitioners are accused Nos.1 and 2 in Crime No.1080/2025 of Pozhiyoor Police Station. The offences alleged against the petitioners are punishable under Sections 296 (b), 126(2), 115(2) and 118(1) r/w Section 3 (5) of the BNS.

3. The prosecution case as narrated in Anx.2 order reads thus:

“On 05.09.2025 at about 10.45 p.m. near Attupuram Church, accused Nos.1 and 2 along with some other identifiable accused came there on a motorbike with weapons and wrongfully restrained the defacto complainant and his friends and uttered obscene words against them. Thereafter, accused Nos.1 to 3 pulled down the friends of the defacto complainant from the bike and beat them by using an iron rod. When the defacto complainant questioned the said acts, the 1st accused by using the iron rod, beat him on hi head and shoulder, causing injuries and the 4th accused fisted the defacto complainant on his face and hit him down. (sic)”

4. Heard the learned counsel for the petitioners and the learned Senior Public Prosecutor.

5. The learned counsel for the petitioners submitted that the petitioners are innocent of the allegations levelled against them. The learned counsel submitted that the defacto complainant sustained very minor injuries.

6. The learned Senior Public Prosecutor opposed the bail plea of the petitioners on the ground that the petitioners have criminal antecedents. It is further submitted that the victim sustained grievous injuries. The Investigating Officer reported that the petitioners are the accused in the following crimes:

“Petitioner No.1 is the accused in Crime 984/2018 of Poovar Police Station U/s 279 of IPC & 181 of MV Act and Crime 926/2024 of Poovar Police Station U/s 281 of BNS & 181 of MV Act.

Petitioner No.2 is the accused in Crime 349/2013 of Malayinkeezhu Police Station U/s 294(b), 332, 34, 341. 506(1) of IPC and Crime 276/2009 of Vellarada Police Station U/s

401 of IPC”

7. Having regard to the nature of the allegations and the criminal antecedents of the petitioners, I feel that the petitioners are not entitled to the protection contained in Section 482 of the BNSS .

Therefore, The Bail Application stands dismissed.

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