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2025 Supreme(Online)(Ker) 56618

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
JAYAPRAKASH – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13816 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.NIREESH MATHEW, SRI.VIVEK VENUGOPAL, SRI.BABU JOSE, SHRI.GAJENDRA SINGH RAJPUROHIT, SHRI.AKHIL GEORGE, SHRI.ATHUL POULOSE
For the Respondents: PUBLIC PROSECUTOR

Bail granted based on investigation status and judicial custody duration, subject to conditions.

Headnote:The application for bail by the accused in relation to Crime No.712/2025 was considered. The offences pertain to serious violence against the complainant. The court found the current stage of investigation sufficed for bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Key issues include the necessity for continued detention and conditions for bail being appropriate. The accused was granted bail under certain conditions ensuring presence and non-interference with witnesses.

Table of Content
1. facts of alleged violent crime against complainant. (Para 2 , 3)
2. arguments presented for and against granting bail. (Para 5 , 6 , 7)
3. court's decision to grant bail with 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 accused No.1 in Crime No.712/2025 of Kozhinjampara Police Station, Palakkad. The offences alleged against the petitioner and other accused are punishable under Sections 189 (2), 189(4), 191(2), 191(3), 126(2), 115(2), 118(1) and

118(2) r/w Section 190 of the Bharatiya Nyaya Sanhita ( BNS ).

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

“On 22.09.2025 at 22.30 hours, at a place called Perumparachalla, due to the enmity towards the defacto complainant, accused Nos.1 to 5, in furtherance of their common intention and with intent to beat the defacto complainant, formed themselves into an unlawful assembly knowing that they were the members of the gang, armed with dangerous weapons, an iron tool, accused No.1 wrongfully restrained the defacto complainant and beat him with an iron tool on the nose by which he fell over the fence. At that time, accused No.1 beat him with the iro tool on the mouth and accused Nos.2 to 5 together beat and kicked him on various part of his body and stabbed him with an iron tool. Thereby the defacto complainant caused serious injuries by sustaining fracture to his face and nose.” [sic]

4. The petitioner was arrested on 21.10.2025 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 investigation is practically over and further detention of the petitioner is not required.

7. The learned 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 shall 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 other 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.

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