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2025 Supreme(Online)(Ker) 54992

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ARUN – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14276 OF 2025 | CRIME NO.1275/2025



Advocates:
For the Appellants/Petitioners: SHRI.T.R.VISHNU, SRI.V.S.SHIRAZ BAVA, SMT.LEENA JAMES, SMT.ANJANA T.S.
For the Respondents: SMT.M.K.PUSHPALATHA-SR.PP

A minor accused may be granted bail when charges are not severe and evidence against him is inadequate, defined under Section 483.

Headnote:The applicant seeks bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The accused was implicated in a quarrel involving assaults on police officers. The court finds no serious evidence connecting the applicant to the alleged crime due to lack of criminal antecedents and the completion of investigation. The applicant is a minor, the allegations are not severe, and he qualifies for bail. The court framed issues around the intentionality of the applicant's actions and the adequacy of evidence against him. The court concluded that the applicant should be granted bail with conditions to maintain cooperation with the investigation and not to influence witnesses.

Table of Content
1. allegations of assault leading to bail application. (Para 1 , 2)
2. arguments from both sides regarding bail. (Para 4 , 5)
3. judicial observations indicating the applicant’s eligibility for bail. (Para 6)

O R D E R

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

2. The applicant is the accused No.1 in Crime No.1275/2025 of Vadakkancherry Police Station, Palakkad. The offences alleged against the applicant are punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 110, 296(b), 121(1), 132 r/w Section 190 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on

03.11.2025 at about 15.10 hrs at Mangalam Moochichodu a quarrel took place involving three persons, accused Nos.1–3, and the applicant along with others. The Anti-Narcotics Squad officers, including the de-facto complainant and CPO Devadas (CPO 6393), are stated to have intervened, and it is alleged that the group assaulted the officers with stones, an iron rod and bare hands, causing minor injuries to the officers and thereby committed the offences alleged.

4. I have heard Sri.T.R.Vishnu, the learned counsel for the applicant and Smt.M.K. Pushpalatha, the learned Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 03.11.2025. The applicant is only 18 years old. He was initially arrayed as accused No. 4 in the FIR; however, after investigation, he has been shown as accused No. 1. The allegations against the applicant in the FIR are not serious in nature. Moreover, the investigation is almost complete. The wound certificate does not show any serious injuries. The applicant has no criminal antecedents. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE mea APPENDIX OF BAIL APPL. NO. 14276 OF 2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF FIR DATED 03.11.2025 IN CRIME NO. 1275/2025 OF VADAKKANCHERRY POLICE STATION Annexure A2 THE TRUE COPY OF THE REMAND REPORT DATED

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