Kerala High Court
Vishnu T R vs State Of Kerala on 16 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 16TH DAY OF SEPTEMBER 2025 / 25TH BHADRA, 1947
BAIL APPL. NO. 10378 OF 2025
CRIME NO.447/2025 OF THRIKKAKARA POLICE STATION, ERNAKULAM
PETITIONER(S)/ACCUSED NO.1:
1 VISHNU T R
AGED 30 YEARS, S/O K RAMESH, FLAT NO :5 C2, HOLY
FAITH MANOR AND RESIDENCY, NEAR MODEL ENGINEERING
COLLEGE, THRIKKAKKARA, ERNAKULAM, PIN - 682021
2 K RAMESH
AGED 63 YEARS, S/O M R KRISHNAN, FLAT NO :5 C2,
HOLY FAITH MANOR AND RESIDENCY, NEAR MODEL
ENGINEERING COLLEGE, THRIKKAKKARA, ERNAKULAM,
PIN - 682021
3 NISHA
AGED 53 YEARS, W/O K RAMESH, , FLAT NO :5 C2,
HOLY FAITH MANOR AND RESIDENCY, NEAR MODEL
ENGINEERING COLLEGE, THRIKKAKKARA, ERNAKULAM.,
PIN - 682021
BY ADV SRI.S.NIDHEESH
RESPONDENT(S)/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:70361
BAIL APPL. NO. 10378 OF 2025
..2..
BECHU KURIAN THOMAS, J.
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B.A.No.10378 of 2025
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Dated this the 16th day of September, 2025
ORDER
This bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners are accused Nos.1 to 3 in Crime No.447 of 2025 of Thrikkakkara Police Station, Ernakulam; alleging offences under Sections 85 and 318 (4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. The prosecution allegation is that, from June 2023 to October 2024, the 1st accused harassed the defacto complainant, stating that the gold ornaments gifted during the wedding is not enough and that she is not good looking and even assaulted her for spending her salary without his permission. It is further alleged by the prosecution that the accused had taken 87 sovereigns of gold ornaments of the defacto complainant and refused to return it and thereby committed the offences alleged.
4. The learned counsel appearing for the petitioners 2025:KER:70361 BAIL APPL. NO. 10378 OF 2025 ..3..
would submit that petitioners are totally innocent and that they have been falsely implicated in a crime for justifying a matrimonial dispute.
5. I have heard the learned Public Prosecutor also.
6. Having regard to the facts and circumstances of the case and considering the nature of allegations, I am of the view that petitioners can be granted anticipatory bail subject to conditions, since the dispute stems from a matrimonial relationship. Therefore, petitioners are entitled to be released on pre-arrest bail on conditions.
7. In the result, this application is allowed. It is directed that the petitioners shall be released on anticipatory bail, in the event of their arrest in Crime No.447 of 2025 of Thrikkakkara Police Station, subject to the following conditions:-
(i) Petitioners shall execute a separate bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.
(ii) Petitioners shall appear before the investigating officer in Crime No.447 of 2025 of Thrikkakkara Police Station, as and when required.
2025:KER:70361 BAIL APPL. NO. 10378 OF 2025 ..4..
(iii) Petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.447 of 2025 of Thrikkakkara Police Station.
(iv) Petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.447 of 2025 of Thrikkakkara Police Station, may file an application before the jurisdictional Court for cancellation of bail.
Sd/-
BECHU KURIAN THOMAS, JUDGE YKB 2025:KER:70361 BAIL APPL. NO. 10378 OF 2025 ..5..
APPENDIX OF BAIL APPL. 10378/2025 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO: 447 / 25 OF THRIKKAKKARA POLICE STATION Annexure A2 TRUE COPY OF THE COMPLAINT OF THE 2ND RESPONDENT DATED 19.6.2025.
Annexure A3 THE TRUE COPY OF THE ORIGINAL PETITION FILED NUMBERED AS O.P. NO:1249 OF 2025 ON THE FILES OF LEARNED FAMILY COURT, ERNAKULAM