Kerala High Court: In a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), P.V. Kunhikrishnan, J. noting that retaining the accused in detention would serve no purpose and would only prolong the trauma for his mother, granted bail to him, subject to stringent conditions.
Background
The accused, aged 25 years, was charged with offences punishable under Sections 118(1) and 109 of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’). The charge stems from the accused demanding money from his mother, the victim in this case, for the purpose of celebrating New Year’s Eve. When the mother refused to comply with his demand, the accused allegedly attempted to commit her murder by inflicting cut injuries on the head, face and hand of the victim with a knife. Thus, the accused was arrested on 01-01-2025.
The State opposed the bail application by submitting that the mother had sustained 12 injuries all over the body.
Analysis and Decision
The Court remarked that “the mental condition of the youngsters of our country is astonishing and disturbing”.
The Court noted that for not paying money to celebrate new year eve, the accused attacked his own mother and inflicted serious injuries.
The Court stated that when this case came up for consideration, it took the stance that unless the mother submits before this Court that she has no grievance against the accused, bail will not be granted to him.
The Court noted that the affidavit filed by the mother, stating that she has no objection to the grant of bail, has been duly verified. The Public Prosecutor confirmed that the statement of the mother had been recorded and submitted to the Court.
Taking note of the mother’s statement, the Court remarked that “this sentence contains the tears of this unfortunate mother. I am sure that the wounds on her body might not have been healed. But her love for her son overtakes the wounds”.
Thinking about the fate and trauma faced by the mother, the Court granted bail to the accused, remarking that a mother’s love for her son is like a rose – it will bloom forever.
The Court further added that there is no purpose in blaming the younger generation. It emphasized that society and parents should closely monitor them and ensure that their associations are with good people.
The Court, noting that retaining this young individual in detention would serve no purpose and would only prolong the trauma for his mother, granted bail to the accused, subject to stringent conditions. The Court further directed the accused to appear before the Investigating Officer every Monday at 10:00 AM until a final report is filed.
[Sammil v. State of Kerala, Bail appl. No. 2830 of 2025, decided on 07-03-2025]
Advocates who appeared in this case:
For Petitioner: Girish Kumar M S, Akash S., Richu Theresa Robert
For Respondent: Sri. Noushad K A, Sr.PP
