Citation : 2026 Latest Caselaw 2557 Ker
Judgement Date : 6 April, 2026
2026:KER:30094
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 6TH DAY OF APRIL 2026 / 16TH CHAITHRA, 1948
BAIL APPL. NO. 1782 OF 2026
CRIME NO.248/2026 OF OLLUR POLICE STATION, THRISSUR
PETITIONERS/ACCUSED NOS.1 TO 3:
1 MANU V.K
AGED 36 YEARS,
SON OF KUTTAN, CHERAKKOLI HOUSE,
SANTHI NAGAR, PONNUKKARA, PUTHOOR,
THRISSUR, PIN - 680306
2 AKHIL C.K
AGED 32 YEARS,
SON OF KUTTAN, CHERAKKOLI HOUSE,
SANTHI NAGAR, PONNUKKARA, PUTHOOR,
THRISSUR, PIN - 680306
3 KUTTAN
AGED 58 YEARS,
SON OF UNNICHEKKAN, CHERAKKOLI HOUSE,
SANTHI NAGAR, PONNUKKARA, PUTHOOR,
THRISSUR, PIN - 680306
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
SMT.R.GAYATHRI
SRI.M.MAHIN HAMZA
SRI.ALWIN JOSEPH
SRI.BENSON AMBROSE
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2026:KER:30094
BAIL APPL. NO. 1782 OF 2026
2
2 THE STATION HOUSE OFFICER
OLLUR POLICE STATION, THRISSUR DISTRICT, PIN
680306
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.04.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:30094
BAIL APPL. NO. 1782 OF 2026
3
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 3 in Crime
No.248/2026 of Ollur Police Station, Thrissur District. The offences
alleged are punishable under Sections 126(2), 118(1) and 333
read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the applicants,
harbouring prior enmity towards the defacto complainant and with
the intention of causing bodily harm and by sharing their common
intention, on 23.02.2026 at about 08:00 p.m., while the defacto
complainant was talking with his friends in the sit-out of his house,
after trespassing into the house, the accused No.1 hit the defacto
complainant with a cricket stump on his head and left thigh, the
accused No.2 kicked him down and the accused No.3 fisted him on
his eyes and caused injuries to the defacto complainant and
thereby committed the aforesaid offences.
4. I have heard Sri.P.Mohamed Sabah, the learned counsel
for the applicants and Smt.Sreeja V., the learned Senior Public 2026:KER:30094 BAIL APPL. NO. 1782 OF 2026
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 released on bail at this stage, it will
affect the course of the investigation.
6. Applicant Nos.1 and 2 are brothers and applicant No.3
is the father of applicant Nos.1 and 2. The defacto complainant
and the applicants are neighbours. Annexure 2 would show that
an FIR was registered against the defacto complainant and two
others on 24.02.2026 on the allegation that they outraged the
modesty of the mother of the applicant Nos.1 and 2 and the wife
of the applicant No.3 and also assaulted the applicant Nos.1 and
2. It was on the next day, the present FIR has been registered
alleging the offences said to have taken place on 23.02.2026. The
applicants have no criminal antecedents. Considering the
allegations made against the applicants, their custodial 2026:KER:30094 BAIL APPL. NO. 1782 OF 2026
interrogation seems unnecessary. For these reasons, I find this to
be an appropriate case to grant pre-arrest bail to the applicants.
In the result, the application is allowed on the following
conditions:-
(i) The applicants shall be released on bail in the event of
their arrest on executing a bond for Rs.1,00,000/- (Rupees One
lakh only) each with two solvent sureties for the like sum each to
the satisfaction of the arresting officer/investigating officer, as the
case may be.
(ii) The applicants shall fully cooperate with the
investigation, including subjecting themselves to the deemed
police custody for discovery, if any, as and when demanded.
(iii) The applicants shall appear before the investigating
officer between 10.00 a.m. and 11.00 a.m. every Saturday until
further orders. They shall also appear before the investigating
officer as and when required.
(iv) The applicants shall not commit any offence of a like
nature while on bail.
(v) The applicants 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 2026:KER:30094 BAIL APPL. NO. 1782 OF 2026
witnesses or other persons related to the investigation.
(vi) The applicants shall not leave the State of Kerala
without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of 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 NP 2026:KER:30094 BAIL APPL. NO. 1782 OF 2026
APPENDIX OF BAIL APPL. NO. 1782 OF 2026
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN 248/2026 OF OLLUR POLICE STATION, THRISSUR DISTRICT Annexure 2 TRUE COPY OF THE FIRST INFORMATION REPORT AND FIRST INFORMATION STATEMENT IN CRIME NO.245/2026 OF OLLUR POLICE STATION, THRISSUR DISTRICT Annexure 3 TRUE COPY OF THE ORDER DATED 19.03.2026 IN B.A NO.515/2026 PASSED BY THE HONOURABLE COURT OF THE SESSIONS JUDGE, THRISSUR
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