Nithin Narendran Vs State of Kerala — Anticipatory Bail | Kerala HC (2025)

Nithin Narendran Vs State of Kerala — Anticipatory Bail | Kerala HC (2025)

What the court decided

AI extract

Outcome

Conditional bail under Section 482 BNSS: petitioner to appear before the Investigating Officer within two weeks and undergo interrogation; if arrest is proposed thereafter, release on executing a bond for Rs.50,000 with two solvent sureties each for the like sum; subject to conditions including deposit of Rs.2,000 towards the assessed damage of Rs.8,000 before the jurisdictional court (receipt to be produced to the Investigating Officer at surrender); bail cancellable by the jurisdictional court on violation of conditions.

Issue for consideration

Whether the petitioner, the 4th accused in Crime No. 86/2025 of Malayalapuzha Police Station (alleged offences under Sections 329(3), 296(b), 351(2), 118(1), 126(2), 324(5), 189(4), 191(2) and 190 of the BNS, 2023), is entitled to be released on bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita. +1 more

Court's answer

The petitioner, who is only the 4th accused, can be released on bail after imposing stringent conditions.

Ratio / Principle

In the light of the dictum in Davis P. R. v. State of Kerala, the Court can direct the accused to deposit a portion of the damage while considering the bail application, subject to the final decision of the investigation and the trial; accordingly, with the damage assessed at Rs.8,000/- and other accused remaining, the petitioner was directed to deposit Rs.2,000/-.

Key takeaways

It is a well accepted principle that bail is the rule and jail is the exception; on that principle, and considering the facts and circumstances, the Court enlarged the petitioner on bail.ratio¶¶39
The Bail Application is allowed with directions: (i) appear before the Investigating Officer within two weeks and undergo interrogation; (ii) if the Investigating Officer proposes arrest after interrogation, release on executing a bond for Rs.50,000 with two solvent sureties each for the like sum to the satisfaction of the arresting officer; (iii) appear for interrogation as and when required, cooperate with the investigation and make no inducement, threat or promise to dissuade disclosure; (iv) not leave India without permission of the jurisdictional Court; (v) not commit any similar offence; (vi) recoveries may be effected on information given by the petitioner even while on bail, as laid down in Sushila Aggarwal; (vii) deposit Rs.2,000 before the jurisdictional court and produce the receipt to the Investigating Officer at surrender.ratio¶¶50

Detailed headnote1 paragraphs

Bail — S.482 BNSS — petitioner, 4th accused in Crime No. 86/2025 of Malayalapuzha Police Station, alleged offences under ss.329(3), 296(b), 351(2), 118(1), 126(2), 324(5), 189(4), 191(2) and 190 BNS 2023 — bail is the rule and jail the exception (Chidambaram P.; Siddharth; Manish Sisodia) — following the dictum in Davis P. R. v. State of Kerala, the Court can direct deposit of a portion of the assessed damage while considering bail — petitioner directed to appear before the Investigating Officer within two weeks for interrogation; if arrest is proposed, release on bond of Rs.50,000 with two solvent sureties; deposit of Rs.2,000 (of Rs.8,000 assessed damage) before the jurisdictional court, receipt to the IO at surrender — recoveries permissible while on bail (Sushila Aggarwal); observations confined to the bail application (Anzar Azeez); jurisdictional court may cancel bail on breach of conditions.