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2025 Supreme(Online)(Ker) 53349

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
RINEESH – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14015 OF 2025|CRIME NO.1149/2025



Advocates:
For the Appellants/Petitioners: SRI.V.A.JOHNSON
For the Respondents: SRI.G.SUDHEER

A bail application can be granted when the allegations and investigation stage allow for judicial discretion, supported by conditions to ensure compliance.

Headnote:This judgment addresses a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner is charged under multiple sections of the Bharatiya Nyaya Sanhita involving allegations of criminal intimidation and assault. The court considered the nature of the allegations, the stage of the investigation, and the duration of judicial custody, determining that bail was warranted under specific conditions. The ultimate ruling granted bail subject to certain provisions to ensure compliance with judicial oversight.

Table of Content
1. criminal charges and allegations against the petitioner. (Para 2 , 3)
2. arguments presented by both parties regarding the bail application. (Para 6 , 7 , 8)
3. court's consideration for granting bail based on the investigation status. (Para 9)

K.BABU, J.

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

B.A No.14015 of 2025 --------------------------------------- Dated this the 28th 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 sole accused in Crime No.1149/2025 of Alathur Police Station. The offences alleged against the petitioner are punishable under Sections 126 (2), 351(3), 333 and

109(1) of the Bharatiya Nyaya Sanhita ( BNS ).

3. The prosecution case, as narrated in Annexure 1 order, reads thus:

“On 19.10.2025 at 22.30 hours, while the accused attempted to disperse the altercation between the defacto complainant and his brother, the defacto complainant's hand hit the face of the accused, and he sustained injury. Infuriated by this, the accused criminally trespassed into the house of the defacto complainant's brother situated at Cheruvanchiparambu, and criminally intimidated to kill him. The accused, with the intention or knowledge and under the circumstances that his act would cause the death of the defacto complainant, attempted to cut him with a sword. When the defacto complainant obstructed the assault with his hand, he sustained injury on his left hand. When the defacto complainant rushed outside, the accused chased him, wrongfully restrained him in front of the gate of defacto complainant's neighbour's house, cut him on his head and leg and inflicted injuries.”[SIC]

4. The petitioner was arrested on 20.10.2025 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 petitioner has been falsely implicated in the crime.

7. The learned Public Prosecutor opposed the bail plea of the petitioner on the ground that the petitioner has criminal antecedents.

8. The learned counsel for the petitioner countered and submitted that all the crimes registered against the petitioner, as highlighted by the learned Public Prosecutor, relates to political strikes. The learned counsel for the petitioner further submitted that the petitioner is a social worker and he has been falsely implicated in the crime due to political reasons.

9. Having regard to the nature of the allegations, stage of the 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.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 10 A.M. and 11 A.M. till the final report is filed.

(c) The petitioner shall surrender his passport before the jurisdictional court. If he has no passport, the petitioner shall file an affidavit to that effect.

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

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

(f) 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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