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2025 Supreme(Online)(Ker) 53418

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SURJITH – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14034 OF 2025 | CRIME NO.1000/2025



Advocates:
For the Appellants/Petitioners: Sri. Nireesh Mathew
For the Respondents: Sri. M.C. Ashi

The court emphasized that the severity of allegations and prior criminal antecedents justify denial of bail.

Headnote:This bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning Crime No. 1000/2025, where the petitioner, accused of serious offences under the Bharatiya Nyaya Sanhita, 2023, objected to the denial of bail. The court examined the severity of allegations, the injuries to the victim, and the petitioner's criminal history. The court framed issues surrounding the appropriateness of bail given the gravity of charges and the petitioner's criminal record and concluded that the application for bail was dismissed due to these factors.

Table of Content
1. nature of alleged offences and the details of the incident. (Para 2 , 3)
2. arguments for and against bail based on severity of injuries and previous conduct. (Para 6 , 7)
3. court's consideration of past criminal behaviour and gravity of allegations. (Para 8 , 9)

K.BABU, J.

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

B.A No.14034 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 accused in Crime No.1000/2025 of Kattoor Police Station. The offences alleged against the petitioner are punishable under Sections 126 (2), 117(3) and 115(2) of the Bharatiya Nyaya Sanhita , 2023 ( BNS ).

3. The prosecution case, as narrated in Annexure 2 order, read thus:

“On 25-10-2025 at 22:30 hours, near to Chembazhanthi Auditorium, at Edakkulam, accused wrongfully restrained the nephew of defacto complainant and assaulted him. Thereby he sustained injuries to his kidney and other parts.”[SIC]

4. The petitioner was arrested on 03.11.2025 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 there is no allegation that the petitioner used any weapon.

7. The learned Public Prosecutor opposed the bail plea of the petitioner. The learned Public Prosecutor submitted that the victim sustained injuries to his kidney.

8. The learned Sessions Judge recorded in Annexure 2 order that the petitioner sustained injury on his both kidneys and is now undergoing dialysis. The learned Sessions Judge further recorded that the petitioner has criminal antecedents.

9. I have gone through the Case Diary. The Case Diary shows that the petitioner is the accused involved in the following crimes:

1. Cr.1703/2016 U/s 20(b),(ii),(A) NDPS Act of Irinjalakuda Police Station.

2. Cr.800/2018 U/s 279, 337, 338 IPC of rinjalakuda Police Station.

The allegations levelled against the petitioner are very grave in nature. Having regard to the nature of allegations and the criminal antecedents of the petitioner, I feel that he is not entitled to be released on bail at this stage.

Therefore, the Bail Application stands dismissed.

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