Kerala High Court Grants Bail to Accused in Murder Trial with Stringent Conditions

Emphasizing personal liberty and defense preparation, bail is granted to accused under new Bharatiya Nagarik Suraksha Sanhita, 2023.

In a significant development, the Kerala High Court, presided by Justice K. Babu, has granted bail to Pramod Prasannan and others accused in a murder case, stressing the importance of personal liberty and the accused's capability to prepare their defense effectively. The judgment, delivered on November 11, 2025, comes as a pivotal interpretation under the new Bharatiya Nagarik Suraksha Sanhita, 2023.

The case involves the alleged murder of Sandeep on December 2, 2021, with the accused facing multiple charges including murder, conspiracy, and unlawful assembly. The bail applications were filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, highlighting the accused's prolonged detention and difficulties in defense preparation.

Justice Babu emphasized that personal liberty is a fundamental right, only to be curtailed through "procedure established by law." The court acknowledged that an accused, when free, is in a better position to prepare their defense compared to being in custody. This stance was supported by various precedents including Gudikanti Narasimhulu v. State and Gurbaksh Singh Sibbia v. State of Punjab, which advocate for the judicial discretion in bail matters, balancing individual liberty against public safety.

Despite opposition from the prosecution, citing potential tactics by the accused to delay proceedings, the court found no concrete evidence linking the accused's actions to trial protraction. The court further noted the importance of a fair trial and the burden of detention on the accused and their families, referencing Moti Ram v. State which outlines the severe consequences of pre-trial detention.

The bail comes with stringent conditions to ensure trial cooperation and prevent misuse of liberty. These include regular court appearances, non-contact with prosecution witnesses, and a prohibition on influencing witnesses. The court warned of bail revocation upon violation of these conditions.

The judgment also directed the Additional Sessions Court to expedite the trial process, aiming for disposal within six months, underscoring the judiciary's commitment to timely justice.

Bottom Line:

Bail applications for accused in a murder trial under Bharatiya Nagarik Suraksha Sanhita, 2023 - Personal liberty of the accused emphasized, with focus on preparation of defense - Bail granted with stringent conditions to ensure trial cooperation and prevent misuse of liberty.

Statutory provision(s):  

• - Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483  
• - Indian Penal Code, Sections 120B, 143, 147, 148, 302, 307, 452, 506(ii), 294(b), 149, 212  
• - Arms Act, Section 20 r/w Section 27  
• - Bharatiya Nyaya Sanhita, 2023, Sections 296(b), 118(1), 126(1), 110, 3(5)  

The judgment reflects a balanced approach, ensuring the rights of the accused to a fair trial while maintaining societal interest, marking a significant precedent under the newly enacted laws.

Pramod Prasannan v. State of Kerala, (Kerala) : Law Finder Doc Id # 2806752