Bail โ Bharatiya Nagarik Suraksha Sanhita, S. 483 โ Bharatiya Nyaya Sanhita, 2023, Ss. 118(1), 109(1)
Offence of causing serious injuries to spouse โ Petitioner, aged 91, accused of attacking wife, aged 88, with knife due to marital discord over alleged infidelity โ Petitioner in custody since 21.03.2025 โ Court considered advanced age of both parties, emphasized mutual support in old age, and reflected on enduring love in marriage โ Bail granted with conditions, including bond of Rs. 50,000 with two sureties and appearance before Investigating Officer as required โ Compassionate approach prioritizing reconciliation and welfare of elderly couple.
Case Number: Bail Appl. No. 5186 of 2025
Court: High Court of Kerala at Ernakulam
Judge: Honourable Mr. Justice P.V. Kunhikrishnan
Date: April 10, 2025
Citation: 2025:KER:31449
Case Type: Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS)
Crime Reference: Crime No. 393/2025, Puthencruz Police Station, Ernakulam
Related Order: Against order dated 03.04.2025 in CRMC No. 918 of 2025, District & Sessions Court, Ernakulam
Parties:
- Petitioner: Thevan, aged 91, S/o Sankunni, Choorakkottil House, Vadavucode Village, Ernakulam
- Respondent: State of Kerala, represented by Public Prosecutor
Counsel:
- Petitioner: Advs. Subi K., Bijeesh Krishnan
- Respondent: Sri G. Sudheer, Public Prosecutor
Facts:
The petitioner, Thevan (91 years old), was accused of attacking his wife, Kunjali (88 years old), with a knife on March 21, 2025, causing serious injuries. The incident allegedly stemmed from Thevanโs frustration over Kunjaliโs accusations of his illicit relationships with other women. Thevan was arrested on the same day and charged under Sections 118(1) and 109(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS). He sought bail through this application.
Issue:
Whether the petitioner, Thevan, should be granted bail considering the circumstances of the case, including his advanced age and the nature of the offense.
Arguments:
- Petitionerโs Counsel: Highlighted Thevanโs age (91) and his long-standing marital relationship with Kunjali, suggesting the incident was a result of emotional distress rather than criminal intent.
- Public Prosecutor: Opposed bail, emphasizing the seriousness of the offense, as the attack caused serious injuries to the victim.
Courtโs Reasoning:
The court acknowledged the unique circumstances of the case, involving an elderly couple (Thevan, 91, and Kunjali, 88). It noted that the incident arose from marital discord, with Kunjali suspecting Thevanโs fidelity, leading to his frustration and the alleged attack. The court refrained from delving deeply into the merits of the case but emphasized the importance of mutual support in old age, poetically reflecting on love and companionship with references to the poem Saphalamee Yathra by NN Kakkad. The court expressed hope that Thevan and Kunjali could reconcile and live happily, underscoring that their bond could be their strength. Considering Thevanโs age, the court deemed it appropriate to grant bail to facilitate a peaceful resolution and mutual care.
Decision:
The bail application was allowed with the following conditions:
- Thevan shall execute a bond for Rs. 50,000/- with two solvent sureties for the same amount, to the satisfaction of the jurisdictional court.
- Thevan shall appear before the Investigating Officer for interrogation as and when required.
Significance: The courtโs order reflects a compassionate approach, prioritizing the welfare of an elderly couple over strict punitive measures, while ensuring accountability through bail conditions.