Krishnakumar @Unni vs State Of Kerala
2026 Latest Caselaw 2518 Ker

Citation : 2026 Latest Caselaw 2518 Ker
Judgement Date : 1 April, 2026

[Cites 1, Cited by 0]

Kerala High Court

Krishnakumar @Unni vs State Of Kerala on 1 April, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                             2026:KER:29775


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

            THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

     WEDNESDAY, THE 1ST DAY OF APRIL 2026/11TH CHAITHRA, 1948

                      BAIL APPL. NO. 1670 OF 2026

PETITIONER/ACCUSED:

            KRISHNAKUMAR @UNNI
            AGED 48 YEARS, S/O. PRABHAKARAN,
            RESIDING AT KURUPPANKATTIL HOUSE, AMBHIKA MARKET P. O.,
            VECHOOR, KOTTAYAM, PIN - 686144

            BY ADV SRI.SREEKANTH S.NAIR


RESPONDENTS/NIL:

    1       STATE OF KERALA
            REPRESENTED BY, PIN - 682031

    2       STATION HOUSE OFFICER
            VAIKOM POLICE STATION, KOTTAYAM,
            PIN - 686141

            BY ADV.
            SMT.SREEJA V., SR. PP


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
01.04.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 1670 OF 2026
                                     2
                                                           2026:KER:29775


                                ORDER

This application is filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,

BNSS), seeking pre-arrest bail.

2. The applicant is the accused in Crime

No.351/2026 of Vaikom Police Station, Kottayam District.

The offences alleged are punishable under Sections 115(2)

and 296(b) of the Bharatiya Nyaya Sanhita, 2023 (for

short, the BNS) and Section 3(1) of the Prevention of

Damage to Public Property Act, 1984.

3. The prosecution case, in short, is that the

informant is working as the Assistant Secretary of Vechoor

Grama Panchayat and he called the applicant/accused to

his office in connection with a complaint received about the

conducting of a poultry shop in Ambika Market Bhagam

without a proper license. On 28.02.2026 at 02.45 p.m, at

the office of the Vechoor Grama Panchayat, while the

discussion regarding the unauthorized conduct of the said

shop was going on, the vice president of Vechoor Grama

Panchayat, one Abhishek, expressed his opinion that the BAIL APPL. NO. 1670 OF 2026

2026:KER:29775

said chicken shop would have to be closed down which

enraged the applicant, then the accused abused the said

Abhishek by uttering bad words, caused bodily hurt to him

by grabbing his neck and pushing him down, punched

Abhishek on his chest causing bodily hurt and hit him on

the arm with the name board of the Panchayat President.

When the other Panchayat members tried to dissuade the

applicant, the applicant took a plastic chair and hit on the

show-case causing destruction of the same and loss of

Rs.10,000/- to the public property and thereby committed

the offences.

4. I have heard Sri. Sreekanth S.Nair, the

learned counsel for the applicant and Smt. Sreeja.V, the

learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant

submitted that the applicant is innocent and has been

falsely implicated in the present case. The counsel further

submitted that no materials are on record to connect the

applicant with the alleged crime; hence, he is entitled to

bail. The learned Senior Public Prosecutor, on the other BAIL APPL. NO. 1670 OF 2026

2026:KER:29775

hand, submitted that the alleged incident occurred as part

of the applicant's intentional criminal acts, and if he is

released on bail at this stage, it will affect the course of the

investigation.

6. The law regarding the grant or refusal of

pre-arrest bail is well settled. Pre-arrest bail cannot be

granted as a matter of course. The power under Section

482 of BNSS could be exercised only when a special case is

made out, that too, recording reasons thereof. Perusal of

the case diary reveals that the accusation made against

the applicant is very serious in nature, and it prima facie

shows a premeditated criminal act on his part. Specific

overt act has been attributed against the applicant in the

FIS. Considering the gravity of the offence and stage of

the investigation, I am of the view that this is not a fit case

where the extraordinary jurisdiction vested with this Court

under Section 482 of BNSS could be invoked.

7. The learned counsel for the applicant

submitted that the applicant is ready to surrender before

the investigating officer. Accordingly, this bail application is BAIL APPL. NO. 1670 OF 2026

2026:KER:29775

disposed of on the following conditions:

(i) The applicant shall appear before the

Investigating Officer within a week from today and shall

subject himself to interrogation.

(ii) After interrogation, if the Investigating

Officer arrests the applicant, he shall be produced before

the jurisdictional court without undue delay.

(iii) On production of the applicant before the

jurisdictional court, if any application for bail is filed, the

court shall consider the same, preferably on the same day

itself, in accordance with law.