IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
AARUSH – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13964 OF 2025 | CRIME NO.951/2025
| Table of Content |
|---|
| 1. application under section 483 involving serious allegations against the petitioner. (Para 1 , 2 , 3 , 4) |
| 2. counsel's arguments regarding the necessity of further detention. (Para 5 , 6 , 7) |
| 3. court observation on investigation status and reasoning for bail. (Para 8) |
O R D E R
This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.
2. The petitioner is accused No.1 in Crime No.951/2025 of Anthikkad Police Station. The offences alleged against the petitioner and the other accused are punishable under Section s 126 (2), 115(2), 118(1), 296(b), 351(2), 110 read with Section 3(5) of the Bharatiya Nyaya Sanhita ( BNS ).
3. The prosecution case as narrated in Anx.A2 order, reads thus:
“Due to previous enmity towards defacto complainant, on 05.11.2025 at 19.00 hours the accused Nos.1 to 4 in furtherance of their common intention, wrongfully restrained the defacto complainant near Kuruvan Kattil Temple, Puthanagadi, voluntarily caused hurt to him with their legs and hands, criminally intimidated him by showing a knife. Further they had pulled the mother of the defacto complainant while she tried to obstruct the assault towards the defacto complainant made by the accused. If the defacto complainant did not evade the assault made by the accused No.1 with a knife, it will result in his death. ”(sic)
4. The petitioner was arrested on 06/11/2025 and he has been in judicial custody since then.
5. Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.
6. The learned counsel for the petitioner submitted that the investigation is practically over and the further detention of the petitioner is not required.
7. The learned Senior Public Prosecutor opposed the bail plea of the petitioner.
8. 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 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 between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.
(c) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.
(d)The petitioner shall not commit any similar offence while on bail.
(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. Sd/-
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