BA No.
2830 of 2025
1
2025:KER:19622
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 7TH DAY OF MARCH 2025 / 16TH PHALGUNA, 1946
BAIL APPL. NO. 2830 OF 2025
CRIME NO.1/2025 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM
PETITIONER(S)/ACCUSED:
SAMMIL
AGED 25 YEARS, S/O. KHADAR, THAIVILA VEEDU,
TC 56/494, NEAR SIVAN KOVIL LANE,
KARAKKAMANDAPAM, MELAMCODE, NEMOM P.O.,
THIRUVANANTHAPURAM, PIN – 695 020
BY ADVS.
GIRISH KUMAR M S
AKASH S.
RICHU THERESA ROBERT
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT
OF KERALA, ERNAKULAM, (SHO, NEMOM POLICE
STATION), PIN – 682 031
BY ADV.:
SRI. NOUSHAD K A, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 07.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA No.2830 of 2025
2
2025:KER:19622
P.V.KUNHIKRISHNAN, J.
-------------------------------------------
BA No.2830 of 2025
--------------------------------------------
Dated this the 07th day of March, 2025
ORDER
This Bail Application is filed under Section
483 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.
2. The petitioner is an accused in Crime
No.01/2025 of Nemom Police Station,
Thiruvananthapuram. The above case is
registered against the petitioner alleging offences
punishable under Sections 118(1) and 109 of the
Bharatiya Nyaya Sanhita (BNS), 2023.
3. This is a sad story of a mother. The
petitioner herein who is aged 25 years,
BA No.2830 of 2025
3
2025:KER:19622
demanded money from his mother, who is the
victim in this case, for the purpose of celebrating
the new year eve. The mother refused to pay the
amount. Then the petitioner went out of the
house and came back with a knife and inflicted
cut injuries on the head, face and hand of the
victim with a view to commit murder. Hence, it is
alleged that the accused committed the offence.
The petitioner was arrested on 01.01.2025.
4. Heard the learned counsel appearing for
the petitioner and the learned Public Prosecutor.
5. The counsel for the petitioner submitted
that the petitioner is in custody from 01.01.2025
and he is ready to abide any conditions imposed
by this Court, if this Court grants him bail. The
counsel also submitted that the incident is not
BA No.2830 of 2025
4
2025:KER:19622
happened as alleged by the prosecution.
6. The Public Prosecutor seriously opposed
the bail application. Public Prosecutor submitted
that the mother sustained 12 injuries all over the
body.
7. The mental condition of the youngsters
of our country is astonishing and disturbing. For
not paying money for celebrating new year eve,
the petitioner attacked his own mother and
inflicted serious injuries. There is a malayalam
proverb, which read like this: "അമ്മയെയും
പെങ്ങളെയും തിരിച്ചറിയാത്തവൻ". When this case
came up for consideration, this Court took a stand
that, unless the mother submit before this Court
that she has no grievance against the petitioner,
this Court will not grant bail to the petitioner.
BA No.2830 of 2025
5
2025:KER:19622
Now, an affidavit is filed by the mother stating
that she has no objection to grant him bail. The
Public Prosecutor instructed the Investigating
Officer to verify the statement. The Public
Prosecutor submitted that a statement of mother
is recorded and the same is handed over to the
Court. The statement of the mother will further
sadden everybody, which reads like this:
"എന്റെ മകൻ ജയിലിൽ കഴിയുന്നതിൽ ഒരമ്മ
എന്നനിലയ്ക്കു എനിക്ക് സഹിക്കാൻ പറ്റുന്നില്ല.”
8. This sentence contain the tears of this
unfortunate mother. I am sure that the wounds on
her body might not have been healed. But her
love to her son over takes the wounds. Thinking
the fate and trauma facing by the mother, I am
forced to grant bail to the petitioner. A mother’s
love for her son is like a rose - it will bloom
BA No.2830 of 2025
6
2025:KER:19622
forever. There is no purpose in blaming the
young generation. The society and parents
should watch them closely and monitor that their
relationship is with good people. No purpose will
be served by retaining this youngster in
detention, to continue the trauma of his mother.
He can be released on bail after imposing
stringent conditions. There will be a direction to
the petitioner to appear before the Investigating
Officer on all Mondays at 10.00 AM, till final report
is filed.
Hence, this Bail Application is allowed with
the following conditions:
1. Petitioner shall be released on bail on
executing a bond for Rs.50,000/-
(Rupees Fifty Thousand only) with
two solvent sureties each for the like
BA No.2830 of 2025
7
2025:KER:19622
sum to the satisfaction of the
jurisdictional Court.
2. The petitioner shall appear before
the Investigating Officer for
interrogation as and when required.
The petitioner shall co-operate with
the investigation and shall not,
directly or indirectly make any
inducement, threat or promise to
any person acquainted with the facts
of the case so as to dissuade him
from disclosing such facts to the
Court or to any police officer.
3. Petitioner shall not leave India
without permission of the
jurisdictional Court.
4. Petitioner shall not commit an
BA No.2830 of 2025
8
2025:KER:19622
offence similar to the offence of
which he is accused, or suspected,
of the commission of which he is
suspected.
5. The petitioner shall appear before
the Investigating Officer on all
Mondays at 10.00 AM, till final report
is filed.
6. If there is any criminal activity from
the petitioner, the mother of the
petitioner can report the same to the
jurisdictional police station and the
Station House Officer can file
appropriate application to the
jurisdictional court to cancel the bail
and if such an application is
received, the jurisdictional court can
BA No.2830 of 2025
9
2025:KER:19622
cancel the bail.
7. If any of the above conditions are
violated by the petitioner, the
jurisdictional Court can cancel the
bail in accordance with law, even
though the bail is granted by this
Court. The prosecution and the
victim are at liberty to approach the
jurisdictional court to cancel the
bail, if there is any violation of the
above condition.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
