Bail granted under Bharatiya Nagarik Suraksha Sanhita, 2023 despite brutal nature of crime; applicant in custody for nine months with no direct evidence against her.
Thiruvananthapuram, June 8, 2026 – The Kerala High Court, in a significant decision, granted bail to Sreethu, accused of colluding in the murder of her minor daughter, under the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was passed by Dr. Kauser Edappagath, J., considering the lack of direct material evidence against the applicant, who has been in custody for nine months.
The case pertains to the alleged murder of Sreethu's minor daughter, where the primary accused, her brother, is said to have committed the crime. The prosecution's case was primarily based on the confession of the co-accused, with no direct evidence linking the applicant to the crime. Despite the brutal nature of the alleged crime, the court found the prolonged detention of Sreethu unnecessary, given the circumstances.
The case dates back to January 30, 2025, when the crime was committed in Balaramapuram, Thiruvananthapuram District. Initially, the case was registered against the primary accused, with Sreethu being implicated later based on the co-accused's confession. The court noted that the investigation was nearly complete, and the absence of direct evidence against Sreethu was a significant factor in granting bail.
Under the bail conditions, Sreethu must execute a bond of Rs. 1,00,000 with two solvent sureties and is required to cooperate fully with the ongoing investigation. She must appear before the investigating officer every Saturday and as required, and she is restricted from contacting prosecution witnesses or tampering with evidence. The applicant is also prohibited from leaving the state without court permission.
The decision underscores the court's careful consideration of both the rights of the accused and the gravity of the crime, balancing the need for justice with the principles of fair trial and liberty.
Bottom line:-
Bail granted under Bharatiya Nagarik Suraksha Sanhita, 2023 - Applicant accused of collusion in murder of her minor daughter - No direct material evidence against applicant except confession of co-accused - Further detention deemed unnecessary due to absence of direct evidence and applicant's prolonged custody.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Bharatiya Nyaya Sanhita, 2023 Section 103(1) read with Section 3(5), Juvenile Justice (Care and Protection of Children) Act, 2015 Section 75
Sreethu v. State of Kerala, (Kerala) : Law Finder Doc id # 2919645
