2025:KER:28475 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4442 OF 2025 CRIME NO.1129/2024 OF THOPPUMPADY POLICE STATION, ERNAKULAM AGAINST THE ORDER DATED 20.03.2025 IN CRMC NO.702 OF 2025 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN), ERNAKULAM PETITIONER/ACCUSED: ABHIJITH BHUYAN P.P. AGED 38 YEARS S/O. KHIREN BHUYAN, MILANAPUR, DEUGHARIJA VILLAGE, SIBSAGAR DISTRICT, ASSAM,, PIN - 785670 BY ADVS. DHANYA S NAIR RAHUL.S RESPONDENT/COMPLAINANAT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADVS. ADVOCATE GENERAL OFFICE KERALA ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11) BAIL APPL. NO. 4442 OF 2025 2 2025:KER:28475 OTHER PRESENT: C K SURESH SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 4442 OF 2025 3 2025:KER:28475 P.V.KUNHIKRISHNAN, J -------------------------------- B.A.No.4442 of 2025 ------------------------------- Dated this the 3rd day of April, 2025 O R D E R This Bail Application is filed by the accused in Crime No.1129 of 2024 of Thoppumpady Police Station, Ernakulam. The above case is registered against the petitioner alleging offence punishable under Section 103(1) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') 2. The prosecution case is that, on 29.10.2024, between 5:17 p.m and 7:30 p.m, while the petitioner and one Kabya Jyothi were staying in Room No.9 of the lodge run by the first informant, the accused committed murder of Kabya Jyothi, was made under the influence of drugs and alcohol, by suffocating him. Hence, it is alleged that the accused committed the offence. Petitioner was arrested on 05.11.2024. 3. Heard the learned counsel for the petitioner and the learned Additional Director General of BAIL APPL. NO. 4442 OF 2025 4 2025:KER:28475 Prosecution (for short 'ADGP'). 4. The counsel for the petitioner raised different contentions including the reliability of the witnesses cited by the prosecution. According to the petitioner, the statement of the witnesses are not reliable and they are contradictory. There is only circumstantial evidence against the petitioner. Petitioner is ready to abide by any condition, if this Court grants him bail. 5. The learned ADGP seriously opposed the Bail Application. The learned ADGP submitted that, there are strong evidence against the petitioner. It is also submitted that the petitioner is from the State of Assam and if he is released on bail, he will not be available for trial. 6. This Court considered the contention of the petitioner and the learned ADGP. I think, there is force in the arguments of the learned ADGP. At this stage, this Court cannot decide the reliability of the statements given by the witnesses. The counsel for the petitioner submits that the arrest of the petitioner is violating the principles BAIL APPL. NO. 4442 OF 2025 5 2025:KER:28475 laid down by the Apex Court in Ashish Kakkar v. U.T. of Chandigarh [2025 KHC OnLine 7235] and Vihaan Kumar v. State of Haryana [2025 KHC OnLine 6116] That question need not be considered at this stage. All those contentions raised by the petitioner are left open. Petitioner is free to raise all those contention before the trial court at the appropriate stage. If there is any unnecessary delay in concluding the trial, the petitioner can file a fresh a bail application before the trial court and if such a bail application is filed, trial court will consider the same in accordance with law. With the above observations, this Bail Application is disposed of. Sd/- P.V.KUNHIKRISHNAN JUDGE MSA BAIL APPL. NO. 4442 OF 2025 6 2025:KER:28475 APPENDIX OF BAIL APPL. 4442/2025 PETITIONER ANNEXURES Annexure A1 THE COPY OF THE F.I.R. NO. 1129/2024 DATED 31.10.2024 Annexure A2 THE COPY OF THE POSTMORTEM REPORT DATED 30.10.2024 Annexure A3 THE COPY OF THE REMAND REPORT DATED 05.11.2024 Annexure A4 THE COPY OF THE FIRST INFORMATION STATEMENT GIVEN BY THE DE FACTO COMPLAINANT ON 29.10.2024 Annexure A5 THE COPY OF THE 161 STATEMENT OF THE DE FACTO COMPLAINANT DATED 05.11.2024 Annexure A6 THE COPY OF 161 STATEMENTS OF CW2 DATED 31.10.2024 AND 05.11.2024 Annexure A7 THE COPY OF THE STATEMENT OF CW2 RECORDED U/S. 164 OF THE CODE OF CRIMINAL PROCEDURE (183 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA) DATED 07.11.2024 Annexure A8 THE COPY OF 161 STATEMENTS OF CW3 AND CW4 DATED 02.11.2024 AND 31.10.2024 Annexure A9 THE COPY OF 161 STATEMENT OF CW5 DATED 02.11.2024 Annexure A10 TRUE COPY OF THE ORDER IN CRL.M.C. NO. 702/2025 DATED 20.03.2025 OF THE HON’BLE SESSIONS COURT ERNAKULAM,