The court denied bail due to the serious nature and brutality of the crime, emphasizing premeditated intent.

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS )

seeking regular bail.

2. The applicant is the sole accused in Crime No.1161/2025 of Nemom Police Station, Thiruvananthapuram District. The offence alleged is punishable under Section

103(1) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that the applicant, with a premeditated intention to murder his wife, Bincy, on account of his suspicion regarding certain phone calls received by her, who was residing with him in the same house, on 13.08.2025, after 22:00 hours, when witnesses 2 and 3 had fallen asleep, the applicant shifted them to another bed placed against the northern wall on the western side of the room, switched on the lights, went to the kitchen, and returned with a machete, which was ordinarily used for cutting trees and coconuts. At about 23:00 hours, the applicant hacked his wife Bincy on the middle part of her right ear, murdered her by hacking her two times with the said weapon in the hall of the house and thereby committed the offence. It is further alleged that on account of the injuries sustained, the victim succumbed to the injuries on the same day.

4. I have heard Sri.George Mathew Karamayil, the learned counsel for the applicant and Sri.C.K.Suresh, the learned Special 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 bail. On the other hand, the learned Special 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

14.08.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The murder was committed by the applicant in a brutal manner, as revealed from the statement of the son of the applicant and the victim, who is an eye witness. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.

Sd/-