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Kerala High Court
Basil Iype vs State Of Kerala on 1 April, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 1733 of 2026
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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. 1733 OF 2026
CRIME NO.78/2026 OF UDUMBANCHOLA POLICE STATION, Idukki
AGAINST THE ORDER DATED 17.03.2026 IN BA NO.185 OF 2026 OF
SESSIONS COURT, THODUPUZHA
PETITIONERS/ACCUSED:
1 BASIL IYPE
AGED 35 YEARS
KOLAVELIL (H), PUTHADY P.O,
CHERIYAR, IDUKKI, PIN - 685619
2 SHINOS K K
AGED 35 YEARS
KOLAVELIYIL (H), PUTHADY P.O,
CHERIYAR, IDUKKI, PIN - 685619
3 CHRISTO K ELDHOSE
AGED 24 YEARS
KULAVELIYIL (H), PUTHADY P.O.,
CHERIYAR, IDUKKI, PIN - 685619
4 AJESH K C
AGED 36 YEARS
KULAVELIYIL (H), SANTHANPARA P.O,
CHERIYAR, IDUKKI, PIN - 685619
5 ANISH K C
AGED 37 YEARS
KULAVELIYIL (H), SANTHANPARA P.O,
CHERIYAR, IDUKKI, PIN - 685619
6 BASIL K MATHEW
AGED 34 YEARS
KULAVELIYIL (H), SANTHANPARA P.O.,
CHERIYAR, IDUKKI, PIN - 685619
B.A.No. 1733 of 2026
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BY ADVS.
SRI.P.S.ABDUL KAREEM
SHRI.NAZIF K.N.
RESPONDENT/STATE & COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.04.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No. 1733 of 2026
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ORDER
This application is filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking pre-arrest bail.
2. The applicants are the accused Nos.1 to 6 in Crime
No.78/2026 of Udumbanchola Police Station, Idukki District.
The offences alleged are punishable under Sections 189(2),
191(2), 191(3), 296(b), 115(2), 118(1) and 118(2) read
with Section 190 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
01.03.2026 at about 06:45 p.m., the accused persons
formed themselves into an unlawful assembly at the building
of Senapathi Temple, situated at Senapathi Kara in
Kanthippara Village and in furtherance of their common
intention, abused and assaulted the defacto complainant who
was present there. It is alleged that the accused No.1 caught
hold of the shirt of the defacto complainant and assaulted
him, while the accused No.3 stabbed him on the right side of
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his chest with a key. Thereafter, accused Nos.1 to 3 dragged
the defacto complainant to the verandah, where the accused
Nos. 4 and 5 struck him on his wrists with iron rods. When
the defacto complainant fell down, the accused No.6 kicked
him on the head, chest and neck, and thereafter all the
accused persons allegedly kicked and stamped on various
parts of his body and thereby committed the offences.
4. I have heard Sri.P.S.Abdul Kareem, the learned
counsel for the applicants and Sri.M.C.Ashi, the learned
Senior Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicants submitted
that the applicants are innocent and have been falsely
implicated in the above crime. The counsel further submitted
that no materials are on record to connect the applicants with
the alleged crime; hence, they are entitled to get bail. The
learned Senior Public Prosecutor, on the other hand,
submitted that the alleged incident occurred as a part of the
intentional criminal acts of the applicants, and if they are
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released on bail at this stage, it will affect the course of the
investigation.
6. I went through the FI Statement. Specific overt
acts have been alleged against accused Nos. 1 to 5. They
have also used the weapon. The defacto complainant
sustained fracture in the incident. Hence, I am of the view
that their custodial interrogation is necessary and they are
not entitled to be granted pre-arrest bail. However, no
specific overt act has been alleged against accused No.6. He
has not used any weapon also. Hence, the custodial
interrogation of the accused No.6 is not necessary, and he
can be released on bail.
In the result, the application is allowed in part on the
following conditions:-
(i) The accused No.6 shall be released on bail in the
event of his arrest on executing a bond for Rs.1,00,000/-
(Rupees One lakh only) with two solvent sureties for the like
sum each to the satisfaction of the arresting
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officer/investigating officer, as the case may be.
(ii) The accused No.6 shall fully cooperate with the
investigation, including subjecting himself to the deemed
police custody for discovery, if any, as and when demanded.
(iii) The accused No.6 shall appear before the
investigating officer between 10.00 a.m. and 11.00 a.m.
every Saturday until further orders. He shall also appear
before the investigating officer as and when required.
(iv) The accused No.6 shall not commit any offence of a
like nature while on bail.
(v) The accused No.6 shall not attempt to contact any
of the prosecution witnesses, directly or through any other
person, or in any other way try to tamper with the evidence
or influence any witnesses or other persons related to the
investigation.
(vi) The accused No.6 shall not leave the State of
Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of
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bail conditions or cancellation of bail on the grounds of
violating the bail conditions shall be filed at the jurisdictional
court.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
APA
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APPENDIX OF BAIL APPL. NO. 1733 OF 2026
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO. 78/2026 OF
UDUMBANCHOLA POLICE STATION IN IDUKKI DISTRICT
ANNEXURE 2 TRUE COPY OF THE OP SHEET OF TALUK HOSPITAL,
NEDUMKANDAM DATED 01-03-2026
ANNEXURE 3 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE
SANTHANPARA POLICE STATION DATED 01-03-2026
ANNEXURE 4 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED
BY THE SANTHANPARA POLICE STATION DATED 01-03-
ANNEXURE 5 TRUE COPY OF THE MEDICAL REPORT OF THE 3RD
PETITIONER
ANNEXURE 6 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE
DISTRICT POLICE CHIEF, IDUKKI.
ANNEXURE 7 TRUE COPY OF THE ORDER IN BA NO. 185/2026 OF THE
HON'BLE SESSIONS COURT, THODUPUZHA
