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2025 Supreme(Online)(Ker) 52061

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SMIJU JOHNY – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. No. 13647 of 2025



Advocates:
For the Appellants/Petitioners: SRI. RAJESH CHAKYAT, SMT. ATHIRA K. SALIM
For the Respondents: SRI. G. SUDHEER, PP

A bail application is granted when the judicial custody is considered reasonable under the circumstances and allegations involved.

Headnote:This Bail Application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for a petitioner accused under Sections 333, 126 (2), 115 (2), 351 (2) and 110 of the Bharatiya Nyaya Sanhita (BNS), 2023. The facts reveal that the petitioner allegedly trespassed and assaulted the de facto complainant and her mother. The court considered the detention period and nature of allegations, ultimately deciding in favor of bail. The main issue was the entitlement to bail considering the circumstances, concluding that the petitioner was entitled to relief under specified conditions. Therefore, the Bail Application is allowed under specific conditions laid out by the court.

Table of Content
1. nature and allegations of the assault. (Para 2 , 3)
2. judicial custody period review. (Para 4)
3. arguments for and against bail. (Para 6 , 7)
4. conditions for bail granted. (Para 8)

ORDER

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

2. The petitioner is accused in Crime No.861/2025 of Aloor Police Station. The offences alleged against the petitioner are punishable under Sections 333 , 126 (2), 115 (2), 351 (2) and 110 of the Bharatiya Nyaya Sanhita ( BNS ), 2023.

3. The prosecution case, as narrated in Annexure A1 order reads thus:

“On 29.10.2025 at 10.00 hours, the the petitioner/accused due to previous enmity towards the de facto complainant, criminally trespasscd into the house of the de facto complainant at Avittathur and slapped on the face of the mother of de facto complainant and pulled her hair and pushed her down. Thereafter, the accused threatened the de facto complainant that he would kill her and wrongfully restrained her and hit on the face and body of the de facto complainant and pushed her down. The accused pulled her hair and hit her head upon the tile on several times and thereby sustained injuries on her left side of fore hcad and back side of her right ear and left foot. Due to the attack of the accused, the mother of the de facto complainant sustained injuries on her nose and forehead.”

4. The petitioner was arrested on 29.10.2025 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 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. Having regard to the nature of the allegation and the tenure of the judicial custody undergone by the petitioner, I feel 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 10A.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) 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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