Kerala High Court
Bail Appl./5186/2025 of THEVAN Vs STATE OF KERALA on 10 April 2025
NO. 5186 OF 2025 1 2025:KER:31449 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 BAIL APPL. NO. 5186 OF 2025 CRIME NO.393/2025 OF Puthencruz Police Station, Ernakulam AGAINST THE
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
BAIL APPL. NO. 5186 OF 2025
CRIME NO.393/2025 OF Puthencruz Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT DATED 03.04.2025 IN CRMC
NO.918 OF 2025 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONER/S:
THEVAN
AGED 91 YEARS
S/O SANKUNNI, CHOORAKKOTTIL HOUSE, KUTTA KARA, KUTTA PADOM BHAGAM, VADAVUCODE VILLAGE, ERNAKULAM, PIN - 682310
BY ADVS.
SUBI K.
BIJEESH KRISHNAN
RESPONDENT/S
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
OTHER PRESENT:
SRI G SUDHEER, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
P.V.KUNHIKRISHNAN, J
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B.A. No. 5186 of 2025
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Dated this the 10th day of April, 2025
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O R D E R
This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.
2. The petitioner, Thevan is aged 91. He was staying with his wife, Kunjali aged 88. It is the case of 91 year old Thevan, that his wife Kunjali is insulting him stating that he has illicit relationships with other ladies. Hence, on 21.03.2025, the petitioner-Thevan aged 91 attacked his wife using a knife and she sustained serious injuries. Hence, it is alleged that the accused committed the offences under Secs. 118(1), 109(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
3. Heard the learned counsel for the petitioner and the Public Prosecutor.
4. People rely on their partner blindly during their old age. This is a case where the wife aged 88 years, suspects illicit relationships of her husband, aged 91. When the petitioner became frustrated because of this insult, he inflicted serious injuries to the victim. The petitioner was arrested on 21.03.2025 and he is in custody from that day onwards.
5. I do not want to make any further discussion on this. Let Thevan aged 91 live happily with Kunjali, his wife aged 88 in their old age. Let there be a happy life for them. The petitioner -Thevan should know that in his old age, his only strength will be his wife, Kunjali, aged 88 and Kunjali also should think that her only strength will be Thevan, aged
91. A great marriage is not when the 'perfect couple' comes together, it is when imperfect couple learns to enjoy their differences. Thevan and Kunjali should know that age does not dim the light of love, it only makes it shine brighter. Kunjali, who is 88 years old, even now loves her husband and that is why she is closely watching her husband, who is aged
91. As we grow older, our love for each other only deepens. I remember the lines of NN Kakkad in 'Saphalamee yathra'. He wrote this poem in his last days and it shows his love towards his wife and the same is extracted hereunder : “ആരര്ദ്രമമീ ധനുമമാസ രമാവുകളളിലലമാനളില ആതളിര വരരും പപമാകുമപല്ലേ സഖമീ.. ഞമാനമീ ജനലഴളി പളിടളിലചമാട്ടു നളിലല്ക്കലട നമീലയെനണളിയെത്തു തലന നളിലല.... ഇപ്പഴങ്കൂലടമാര ചുമയ്ക്കടളിയെളിടറളി വമീഴമാരും വ്രണളിതമമാരും കണ്ഠതളിലളിന്നു പനമാവളിതളിരളി കുറവുണണ. ---- ---- ---- ---- ---- ---- ---- ---- ---- കമാലമളിനളിയുമുരളരും വളിഷു വരരും വരരരും വരരും തളിരപവമാണരും വരരും പളിലനപയെമാപരമാ തളളിരളിനുരും പൂ വരരും കമായെണ വരരും അപപ്പമാളമാലരന്നുരും എലന്തെന്നുരും ആരല്ക്കറളിയെമാരും നമുല്ക്കളിപപ്പമാഴമീ ആരര്ദ്രലയെ ശമാന്തെരമായെളി സസൗമമ്യരമാലയെതളിപരലല്ക്കമാരും.... വരളിക സഖമീയെരളികത്തു പചേരനണ നളിലല... പഴലയെമാര മനരും സ്മരളില്ക്കമാരും അപനമ്യമാനമ്യരും ഊന്നുവടളികളമായെളി നളിലല്ക്കമാരും...... ഹമാ സഫലമമീ യെമാത..... ഹമാ സഫലമമീ യെമാത ...! ! !
6. Let Thevan remember that only his wife will be there as a companion to him in his old age. Let Thevan and Kunjali complete their innings of life with happiness. For their happy life, the petitioner can be released on bail. This Court hopes that Thevan will take care of Kunjali and Kunjali will take care of Thevan. Therefore, 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 sum to the satisfaction of the jurisdictional Court.
2. The petitioner shall appear before the Investigating Officer for interrogation as and when required.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE SKS