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2025 Supreme(Online)(Ker) 53202

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
ANAS – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13748 OF 2025 | CRIME NO.804/2025



Advocates:
For the Appellants/Petitioners: SRI.AKHIL SUSEENDRAN
For the Respondents: SMT.M.K.PUSHPALTHA

Bail denied due to severity of allegations and accused's criminal history.

Headnote:This application concerns Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, relating to a bail application for an accused in Crime No. 804/2025. The petitioner is accused of serious offences including attempted rape. The prosecution argues that bail is not warranted due to the gravity of the allegations and prior criminal history. The court determined that custodial trial is necessary, resulting in the dismissal of the bail application.

Table of Content
1. details of the accused and charges. (Para 1 , 2 , 3 , 4)
2. arguments regarding bail. (Para 5 , 6 , 7)
3. court's observations on the case. (Para 8)
4. conclusion and ruling on bail application. (Para 10)

K.BABU, J.

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

B.A No.13748 of 2025 ---------------------------------------

Dated this the 24th day of November, 2025 O R D E R This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioner is the accused in Crime No.804/2025 of Anchuthengu Police Station. The offences alleged against the petitioner are punishable under Sections 332 (b), 62 and 64 of the Bharatiya Nyaya Sanhita ( BNS ).

3. The prosecution case is that to satisfy his lust, the accused trespassed into the victim’s kitchen, focused his phone’s flashlight on her face, stabbed her in the neck restrained her and spoke obscene words with sexual connections to her. He also attempted to commit rape on the victim aged 70 years.

4. The petitioner was arrested on 26.08.2025 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 since the investigation is completed, further detention of the petitioner is not required.

7. The learned Public Prosecutor opposed the bail plea of the petitioner on the ground that the offences alleged are grave in nature and the petitioner has criminal antecedents. The learned Public Prosecutor submitted that if the petitioner is released on bail, he will not be available for trial. It is further submitted that this is a case in which custodial trial is required. It is also submitted that the police completed the investigation and submitted the final report.

8. I have gone through the Case Diary. The offences alleged are very grave in nature. The petitioner is the accused in the following crimes:

(1) Anchuthengu Police Station Cr: 89/2006 U/S 457, 461, 380 IPC (2) Cr: 99/2007 U/S 324, 34 IPC (3) Cr: 304/2011 U/S 380 IPC (4) Cr: 85/2011 U/S 452, 354, 323, 294(b), 506(i) IPC (5) Cr: 369/2012 U/S 452, 294(b), 341, 324, 323, 354, 506(ii), 34 IPC (6) Cr: 43/2013 U/S 454, 392 IPC (7) Cr: 170/2014 U/S 341, 294(b), 323, 506(i) IPC (8) Cr: 262/2015 U/S 143, 147, 148, 149, 341, 323, 324, 326 IPC (9) Cr 309/2016 U/S 449, 506(ii), 376 IPC (10) Varkala Ps Cr 2396/2023 U/S 450, 376, 384 IPC (11) Cr 436/2009 U/S 454, 392 IPC (12) Kadakkavoor Police Station Cr: 20/2009 U/S 394 IPC (13) Kasargode Ps Cr: 477/2013 U/S 20(b)(ii)(B) of NDPS Act.

10. Having regard to the nature of allegations and criminal antecedents of the petitioner, he is not entitled to bail. This is a case in which custodial trial is warranted. The trial court is directed to expedite the trial.

The Bail Application stands dismissed.

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