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2025 Supreme(Online)(Ker) 53347

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
ARUN @ SUNNY – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13689 OF 2025 | CRIME NO.591/2025



Advocates:
For the Appellants/Petitioners: Sri.K.R.Arun Krishnan, Smt.Deep K.Radhakrishnan, Shri.Vishak K.V, Shri.Anu T.H, Smt.Anusree P.A
For the Respondents: Sri.G.Sudheer

Bail application granted based on ongoing investigation and duration of custody, with set conditions to ensure legal compliance.

Headnote:This order pertains to a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, concerning the petitioner, the sole accused in Crime No.591/2025, charged under Sections 15(4) and 19 of the Kerala Anti-Social Activities (Prevention) Act (KAAPA), 2007. The petitioner was arrested on 06.10.2025 and is seeking release as the investigation is at its final stages. The court finds merit in the petitioner’s request based on the nature of allegations, ongoing investigation, and duration of custody. The main issues presented were the necessity for bail considering the investigation's status and prior custody, leading to the court’s reasoned conclusion that bail should be granted under specific conditions to ensure compliance and accountability. Consequently, the court orders the petitioner to be released on bail with conditions including a bond of Rs.5,00,000/- and restrictions for the duration of the bail, ensuring adherence to legal expectations.

Table of Content
1. bail application procedural overview. (Para 1)
2. details of the case against the petitioner. (Para 2 , 3)
3. arguments presented by both parties. (Para 5 , 6 , 7)
4. court's final decision and bail conditions. (Para 8)

O R D E R

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

2. The petitioner is the sole accused in Crime No.591/2025 of Kanakakunnu Police Station, Alappuzha. The offences alleged against the petitioner are punishable under Sections 15(4) and 19 of the Kerala Anti-Social Activities (Prevention) Act (KAAPA), 2007.

3. The prosecution case is that the petitioner, the 2nd accused in Crime No.1734/2025 of Kayamkulam Police Station, violated the order passed by the Deputy Inspector General of Police, Ernakulam Range under Section 15(1) of the KAAPA. 4. The petitioner was arrested on 06.10.2025 and he has been in judicial custody since then.

5. Heard the learned counsel for the petitioner and the learned Pubic Prosecutor.

6. The learned Counsel for the petitioner submitted that the petitioner deserves to be released on bail as the investigation is at the final stage.

7. The learned Public Prosecutor opposed the bail plea of the petitioner.

8. Having regard to the nature of the allegation, stage of investigation and the tenure of judicial custody undergone by the petitioner, I am of the view 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.5,00,000/- (Rupees Five Lakhs Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) The petitioner shall not enter Alappuzha Revenue District except for complying with the directions issued by the KAAPA Board, until further orders.

(c) The petitioner shall not commit any similar offence while on bail.

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

(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.

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