Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Ker) 53187

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
RAJESH CHANDRASEKHARAN PILLAI – Appellant
Versus
STATE OF KERALA, THROUGH THE SUB-INSPECTOR OF POLICE, CHALAKUDY POLICE STATION – Respondent
BAIL APPL. NO. 13324 OF 2025|BAIL APPL. NO. 13130 OF 2025|BAIL APPL. NO. 13132 OF 2025|BAIL APPL. NO. 13313 OF 2025|BAIL APPL. NO. 13319 OF 2025|BAIL APPL. NO. 13320 OF 2025

Advocates:
For the Appellants/Petitioners: SRI.P.A.MOHAMMED SHAH, SHRI.RENOY VINCENT, SHRI.SHAHIR SHOWKATH ALI, SHRI.CHELSON CHEMBARATHY, SHRI.ABEE SHEJIRIK, FASLA N.K, SMT.NANDA SURENDRAN, SHRI.SAHAL SHAJAHAN, SHRI.AQUIN KURUVILLA TOM, SHRI.M.N.MOHAMMED HUSSAIN, SHRI.JITHIN ALEXANDER SUNNY, SMT.NAFIYA SHAHALA C.K
For the Respondents: SRI.M.C.ASHI, SR.P.P.

The failure of the police to complete an investigation within the statutory period justifies the grant of bail, emphasizing statutory bail rights and considerations for individual liberty.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 - Sections 318(4), 316(2), 406, 420 and various provisions of the Indian Penal Code - Petitioners filed bail applications as they have been in judicial custody since 25.05.2025. The prosecution could not complete the investigation within the statutory time limit. (Paras 1, 2)

(B) Bail Applications - Criteria for grant of bail - The court considers the duration of custody and status of investigation in determining bail eligibility, highlighting the importance of statutory bail rights. (Paras 3, 4)

Facts of the case:
The petitioners, accused in multiple criminal matters, sought bail claiming entitlement due to failure of police to complete the investigation in a timely manner. (Paras 2, 4)

Findings of Court:
The petitioners were ordered to be released on bail on certain conditions, reflecting judicial discretion to prioritize fundamental rights in light of statutory requirements. (Paras 5)

Issues: Consideration of statutory time limits and the justification for granting bail in light of prolonged custodial detention. (Paras 3, 4)

Ratio Decidendi: Judicial custody duration, alongside statutory bail entitlement, necessitates release unless compelling factors justify continued detention. Court underscores that conditions set for bail are essential for ensuring compliance and protecting evidence. (Paras 4, 5)

Result: Bail Application is allowed with stipulated conditions for release.

Table of Content
1. details of bail applications and charges. (Para 1 , 2 , 3 , 4 , 5)

ORDER

[Bail Appl. Nos.13324/2025, 13130/2025, 13132/2025, 13313/2025, 13319/2025, 13320/2025]

These applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

B.A No.13324 of 2025 The petitioners are accused Nos.5 and 6 in Crime No.688 of

2025 of the Chalakkudy Police Station. The offences alleged against the petitioners are punishable under Sections 3 18(4) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita ( BNS ).

B.A No.13130 of 2025 The petitioners are accused Nos.1 and 2 in Crime No.590 of

2025 of the Mala Police Station. The offences alleged against the petitioners are punishable under Sections 3 16(2) and 318(4) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita ( BNS ) and Section 3 r/w Section 21 of the BUDS Act .

B.A No.13132 of 2025 The petitioners are accused Nos.2 and 4 in Crime No.1383 of

2025 of the Kottayam East Police Station. The offences alleged against the petitioners are punishable under Section s 406 , 420 r/w Section 34 of the Indian Penal Code and Sections 316 (2) and 318(4) of the Bharatiya Nyaya Sanhita ( BNS ).

B.A No.13313 of 2025 The petitioners are accused Nos.3 and 4 in Crime No.675 of

2025 of the Chalakkudy Police Station. The offences alleged against the petitioners are punishable under Section 3 18(4) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita ( BNS ).

B.A No.13319 of 2025 The petitioners are accused Nos.1 and 3 in Crime No.913 of

2025 of the Chalakkudy Police Station. The offences alleged against the petitioners are punishable under Section s 406 , 420 r/w Section 34 of the Indian Penal Code .

B.A No.13320 of 2025 The petitioners are accused Nos.2 and 3 in Crime No.702 of

2025 of the Chalakkudy Police Station. The offences alleged against the petitioners are punishable under Sections 3 18(4) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita ( BNS ).

2. The petitioners were arrested on 25.05.2025 and they have been in judicial custody since then.

3. The learned counsel for the petitioners submitted that the petiitoners are entitled to statutory bail.

4. The learned Public Prosecutor submitted that the police could not complete the investigation and submit the final report within the statutory period.

5. 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 petitioners are entitled to be released on bail on conditions.

In the result, the Bail Application is allowed as follows:-

(a) The petitioners are ordered to be released on bail on them executing bond for Rs.50,000/

(Rupees Fifty ThousandOnly) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) The petitioners shall appear before the Investigating Officer on all Mondays and Thursdays between 10 A.M. and 11 A.M. until further orders.

(c) The petitioners shall surrender their passport before the jurisdictional court. If they have no passport, the petitioners shall file an affidavit to that effect.

(d) The petitioners shall not leave State of Kerala without the permission of the jurisdictional court.

(e) The petitioners shall not commit any similar offence while on bail.

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

(g) If any of the bail conditions are violated by the petitioners, the jurisdictional Court will be at liberty to cancel the bail, in accordance with law.

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