“Let Thevan and Kunjali Complete Their Innings of Life with Happiness”: Kerala High Court Grants Bail to 91-Year-Old Man in Domestic Violence Case
Isabella Mariam
The High Court of Kerala Single Bench of Justice P.V. Kunhikrishnan allowed a bail application filed by a 91-year-old man accused of assaulting his 88-year-old wife, directing his release on bail subject to conditions. The Court acknowledged the petitioner’s advanced age and the longstanding marital relationship between the parties, holding that the petitioner could be released from custody to enable a peaceful continuation of life with his spouse. The Court further expressed hope that both individuals would care for each other in their remaining years, stating, “Let Thevan and Kunjali complete their innings of life with happiness.”
The bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 393/2025 of Puthencruz Police Station, Ernakulam. The applicant, Thevan, aged 91 years, was arrested on 21.03.2025 for allegedly assaulting his wife, Kunjali, aged 88 years, during a domestic dispute.
According to the prosecution, the petitioner attacked his wife with a knife following an argument arising from allegations of infidelity. The complaint alleged that the victim had sustained serious injuries as a result of the incident, prompting the registration of an FIR under Sections 118(1) and 109(1) of the Bharatiya Nyaya Sanhita, 2023. The petitioner had been in custody since the date of arrest.
The petitioner submitted that he had been facing emotional and mental distress due to continued suspicion and verbal altercations with his spouse. It was submitted that the incident occurred in a moment of emotional breakdown and that he deeply regretted the occurrence. The petitioner further contended that considering his age and medical condition, continued incarceration would be detrimental to his health and wellbeing.
The petitioner, represented by Advocates Subi K. and Bijeesh Krishnan, argued that the underlying dispute was a domestic issue arising from long-term cohabitation between an elderly couple. Counsel prayed for leniency and sought release on bail to enable the petitioner to reunite with his spouse and ensure her care.
The State, represented by Public Prosecutor Sri G. Sudheer, opposed the application, citing the serious nature of the injuries inflicted and the gravity of the offence. The prosecution submitted that the petitioner had acted violently and that his age alone should not be the sole criterion for bail. It was further contended that the accused posed a continuing threat to the victim, given the circumstances of the offence.
The learned Sessions Court had earlier rejected the petitioner’s application for anticipatory bail in CRMC No. 918 of 2025, citing the seriousness of the allegations.
Upon hearing both parties, the High Court proceeded to assess the facts of the case, the health and age of the petitioner, and the prospects of future recurrence of such an incident.
Justice P.V. Kunhikrishnan began by noting the age of the petitioner and the longstanding marital bond between the parties: “The petitioner, Thevan, is aged 91. He was staying with his wife, Kunjali, aged 88.”
The Court took note of the incident and the nature of the allegations:
“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.”
Regarding the legal context, the Court recorded: “This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.”
Acknowledging the emotional dynamics of the relationship, the Court stated:
“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 Court noted that the petitioner had been in custody since the date of the incident: “The petitioner was arrested on 21.03.2025 and he is in custody from that day onwards.”
Without further elaborating on the factual matrix, the Court expressed its intention to permit reconciliation: “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 Court conveyed a broader message of compassion and companionship in old age:
“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.”
Invoking a philosophical view of marriage, the Court added: “A great marriage is not when the 'perfect couple' comes together, it is when imperfect couple learns to enjoy their differences.”
Reflecting on the emotional and poetic dimensions of love in old age, the Court quoted lines from Malayalam poet N.N. Kakkad’s “Saphalamee Yathra”: “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.”
The High Court allowed the bail application with the following conditions: “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.”
The Court further directed:
“The petitioner shall appear before the Investigating Officer for interrogation as and when required.”
“This Court hopes that Thevan will take care of Kunjali and Kunjali will take care of Thevan.”
Advocates Representing the Parties
For the Petitioner: Subi K., Advocate; Bijeesh Krishnan, Advocate
For the Respondent: Sri G. Sudheer, Public Prosecutor
Case Title: Thevan v. State of Kerala
Neutral Citation: 2025:KER:31449
Case Number: B.A. No. 5186 of 2025
Bench: Justice P.V. Kunhikrishnan
[Read/Download order]
