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Synopsis

The Kerala High Court recently granted bail to a 25-year-old man accused of attacking his mother after she refused to give him money for New Year’s Eve celebrations.

While allowing the bail application, the court, presided over by a Single judge bench comprising Justice P.V. Kunhikrishnan, expressed concern over the mental state of the younger generation, stating, “There is no purpose in blaming the young generation. The society and parents should watch them closely and monitor that their relationship is with good people.”

According to the prosecution, the accused/ petitioner, Sammil, demanded money from his mother for New Year’s Eve celebrations. When she refused, he allegedly left the house, returned with a knife, and inflicted severe injuries on her head, face, and hands, with an alleged intent to commit murder. The petitioner was arrested on January 1, 2025 and charged under Sections Sections 118(1) (voluntarily causing hurt by means of any instrument for shooting, stabbing or cutting) and 109 (attempt to murder) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The court noted the alarming state of the younger generation’s mindset, stating: “The mental condition of the youngsters of our country is astonishing and disturbing. For not paying money for celebrating new year eve, the petitioner attacked his own mother and inflicted serious injuries.”

The court acknowledged the gravity of the offence but emphasised that societal and parental guidance is essential and stated that merely blaming the younger generation serves no purpose.

The court was initially reluctant to grant bail unless the victim mother explicitly stated that she had no objection. Subsequently, the victim submitted an affidavit expressing her inability to see her son in jail. The court noted her statement: “എന്റെ മകൻ ജയിലിൽ കഴിയുന്നതിൽ ഒരമ്മ എന്ന നിലയ്ക്കു എനിക്ക് സഹിക്കാൻ പറ്റുന്നില്ല” (As a mother, I cannot bear to see my son in jail).

The bench, recognising the emotional distress of the victim, said: “This sentence contain the tears of this unfortunate mother. I am sure that the wounds on her body might not have been healed. But her love to her son over takes the wounds. Thinking the fate and trauma facing by the mother, I am forced to grant bail to the petitioner. A mother’s love for her son is like a rose - it will bloom forever.”

In light of these observations, the court found that “No purpose will be served by retaining this youngster in detention, to continue the trauma of his mother.”

Ultimately, the court released the petitioner on bail after imposing stringent conditions. The court also clarified that any violation of these conditions would result in cancellation of bail.

 

Cause Title: Sammil v. State of Kerala [BA No.2830 of 2025]

Appearance: Advocates Girish Kumar M.S., Akash S., and Richu Theresa Robert (for the petitioner); Senior Public Prosecutor Noushad K.A. ( for the respondents).