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Informative

Vijin v. State of Kerala: Bail Granted under Bharatiya Nagarik Suraksha Sanhita, 2023.

Update / Judgement Date

17 Nov 2025

Source

WCP News Bulletin

Author

Sakshi Bhardwaj — WCP Legal Desk

Reading Time

2 min read

Criminal LawOther Legal Matters
Vijin v. State of Kerala: Bail Granted under Bharatiya Nagarik Suraksha Sanhita, 2023.
WCP News Bulletin

Headnote:

The Kerala High Court allowed the bail application of the petitioner/accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, despite the serious nature of the offences, taking into consideration the completed police investigation, the long duration of judicial custody, and the petitioner’s right to a fair defense. The Court imposed conditions to safeguard the investigation and prevent interference with witnesses.


Background:

  1. The petitioner, accused No. 2 in Crime No. 5/2025, was alleged to have conspired with co-accused to trespass and attack the victim on 31.12.2024, resulting in grievous injuries and the victim’s death.
  2. The petitioner was in judicial custody since 05.01.2025.
  3. The other co-accused had already been granted bail.


Court’s Observations:

  1. The petitioner has criminal antecedents in multiple cases (Cr.No. 397/2023, 840/2022, 717/2022, 669/2022, 1171/2017), but is currently on bail in those cases.
  2. The police have completed the investigation and submitted the final report; the trial is pending as S.C.No.1482/2025 before the Sessions Court.
  3. Continued detention could adversely affect the petitioner’s ability to defend the case.
  4. Considering the completed investigation and fair trial rights, the Court held that bail could be granted with appropriate safeguards.


Bail Conditions:

  1. Execution of a bond for Rs. 50,000/- with two solvent sureties of the same amount.
  2. Monthly appearance before the Investigating Officer on the last Wednesday between 10 AM–11 AM for three months.
  3. Not to commit offences similar to the present case.
  4. Not to influence prosecution witnesses or tamper with evidence.
  5. Violation of conditions will allow the jurisdictional Court to cancel bail.


Legal Provisions Discussed:

  1. Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 – Bail provisions.
  2. Relevant provisions relating to criminal procedure and fair trial rights.


Result:

  1. Bail application allowed; petitioner released under the specified conditions.

Citation: 2025:KER:88002

Case: Vijin v. State of Kerala

Court: High Court of Kerala at Ernakulam

Coram: Hon’ble Mr. Justice K. Babu

Date of Decision: 18 November 2025

Bail Application No.: 13329 of 2025 | Crime No.: 5/2025, Kanjiramkulam Police Station, Thiruvananthapuram