2025 Supreme(Online)(Ker) 57140
IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
AJIKUTTAN – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14365 OF 2025
For the Appellants/Petitioners: SMT.M.A.SULFIA, SRI.ABDUL JALEEL
For the Respondents: SRI. SANAL P RAJ
A bail application under BNSS allows for release when investigation is complete and conditions ensure compliance.
Headnote:This judgment reviews a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning the petitioner accused of culpable homicide not amounting to murder. The court finds the petitioner eligible for bail due to the completion of investigation and duration of custody. The court noted the necessity of conditions to ensure compliance and prevent influencing witnesses. The Bail Application is allowed as follows: the petitioner is ordered to be released on stringent conditions, including monetary bond and regular appearances.
| Table of Content |
|---|
| 1. accusation details and context of the case. (Para 2 , 3 , 4) |
| 2. arguments concerning bail application's merits. (Para 5 , 6 , 7) |
| 3. decision affirming bail under specified conditions. (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 the sole accused in Crime No.651/2025 of Arthungal Police Station. The offences alleged against the petitioner are punishable under Sections 115(2), 117(2) and 105 of the Bharatiya Nyaya Sanhita (BNS).
3. The prosecution case, as narrated in Anx.A2 order, reads thus:
“ The offence alleged against the petitioner is that he committed culpable homicide not amounting to murder of the victim-Sri.Devi Prasad. The petitioner alongwith a person named Kamalan engaged in a quarrel at around 7:00 p.m. on 30.09.2025 at PS Kavala. When Kamalan ran into a nearby shop, the petitioner attempted to chase him. At that time, with the knowledge that pushing of the victim could cause him to fall and sustain injuries, the petitioner forcefully caught hold on the shoulder of him and pushed him down. He fell into the ground, causing fracture to his hip bone and grievous injuries on him. Based on the FI statement given by the victim from Medical College Hospital, Alappuzha, the respondent registered the crime in question, against one identifiable person, alleging offences under Section s 115 (2) and 117 (2) of BNS. Later, on 10.10.2025 said the victim succumbed to the injuries while undergoing treatment from the hospital. On its basis, crime No.673/2025 was registered by the respondent alleging offence under Section 194 of BNSS . On investigation, it is revealed that the death of the victim caused due to the severity of the injuries caused by the accused and offences under Section s 115 (2), 117(2) and 105 of BNS added in this case and the petitioner was arrayed as an accused in the case.
”(sic)
4. The petitioner was arrested on 13.10.2025 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 the 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 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/-