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Kerala High Court
Susan V. Sam vs State Of Kerala on 6 April, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:30483
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. 1912 OF 2026
CRIME NO.77/2026 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER DATED 04.03.2026 IN BA NO.131 OF 2026 OF
DISTRICT COURT& SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,
PATHANAMTHITTA
PETITIONERS/1ST AND 2ND ACCUSED:
1 SUSAN V. SAM, AGED 54 YEARS
RESIDING AT PONTHAMALAVAZHAPARAMPIL HOUSE, KOTTOOR
P.O., KAVIYOOR, THIRUVALLA TALUK, PATHANAMTHITTA, PIN -
689582
2 SAM V. JOSEPH, AGED 57 YEARS
RESIDING AT PONTHAMALAVAZHAPARAMPIL HOUSE, KOTTOOR P.O,
KAVIYOOR, THIRUVALLA TALUK, PATHANAMTHITTA, PIN -
689582
BY ADVS. SHRI.ADHIL P.
SHRI.V.B.UNNIRAJ
SHRI.SHABEER ALI MOHAMED
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
BY ADVS.
SRI.C.K.SURESH, SPL.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.04.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.1912 of 2026
-2-
2026:KER:30483
ORDER
This application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, BNSS) seeking
regular bail.
2. The applicants are the accused Nos.1 and 2 in Crime
No.77/2026 of Thiruvalla Police Station, Pathanamthitta District.
The offences alleged are punishable under Sections 126(2),
115(2) and 103(1) r/w 3(5) of the BNS, 2023.
3. The prosecution case, in short, is that out of previous
enmity towards the person namely Bijoy @ Lijo, on 14.01.2026,
at about 11.30 p.m, in front of the residential house of the
applicants, a person namely Lejin was wrongfully intercepted
and beaten by the applicant Nos.1 and 2, during when Lijo
attempted to dissuade the petitioners, while the applicant No.1
had beaten Bijoy using hands, the applicant No.2 had beaten
him using a stick and the accused No.3 had beaten on his head,
due to which, when Lijo had fell down, the applicant No.1 had
stamped on his naval and struck his head against a tree twice.
When, Liji, the brother of Lijo interfered, all the accused
2026:KER:30483
persons brutally manhandled Liji also. Bijoy succumbed to the
gravity of the injuries sustained by him and thereby committed
the offences.
4. I have heard Sri.Adhil P., the learned counsel for the
applicants and Sri.C.K.Suresh, the learned Special 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 present case. The counsel further submitted that no
materials are on record to connect the applicants with the
alleged crime; hence, they are entitled to bail. On the other
hand, the learned Special Public Prosecutor submitted that the
alleged incident occurred as a part of the intentional criminal
acts of the applicants, and they are not entitled to bail at this
stage.
6. The applicants were remanded to judicial custody on
15.01.2026. The investigation is almost over. I went through
the FIS. Specific overt act has been attributed against the
applicant No.1/accused No.1. She has used weapon also. The
injury noted in the post mortem certificate of the deceased
2026:KER:30483
corresponds to the overt act attributed against the applicant
No.1/accused No.1. Applicant No.2/accused No.2 has not used
any weapon. The allegation against him is that, he along with
accused No.3 beat the deceased with hands. In these
circumstances, I am of the view that further detention of
applicant No.2/accused No.2 is not necessary. He can be
released on bail. However, for the reasons stated above, I am
not inclined to grant bail to the applicant No.1/accused No.1.
In the result, the application is allowed in part on the
following conditions: -
(i) The applicant No.2/accused No.2 shall be released on
bail 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 jurisdictional Magistrate/Court.
(ii) The applicant No.2/accused No.2 shall fully co-
operate with the investigation.
(iii) The applicant No.2/accused No.2 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.
2026:KER:30483
(iv) The applicant No.2/accused No.2 shall not commit
any offence of a like nature while on bail.
(v) The applicant No.2/accused No.2 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 applicant No.2/accused No.2 shall not leave the
State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of the
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
SKP
2026:KER:30483
APPENDIX OF BAIL APPL. NO. 1912 OF 2026
PETITIONERS' ANNEXURES:
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO. 77/2026
OF THIRUVALLA POLICE STATION DATED
15.01.2026
Annexure A2 TRUE COPY OF THE FIS IN CRIME NO. 77/2026
OF THIRUVALLA POLICE STATION DATED
15.01.2026
Annexure A3 TRUE COPY OF THE SCENE MAHAZAR IN CRIME NO.
77/2026 OF THIRUVALLA POLICE STATION DATED
15.01.2026
Annexure A4 TRUE COPY OF THE INQUEST REPORT OF THE
DECEASED IN CRIME NO. 77/2026 OF THIRUVALLA
POLICE STATION DATED 15.01.2026
Annexure A5 TRUE COPY OF THE WOUND CERTIFICATES OF THE
ACCUSED IN CRIME NO. 77/2026 OF THIRUVALLA
POLICE STATION DATED 15.01.2026
Annexure A6 TRUE COPY OF THE ORDER IN BAIL APPLICATION
NO. 131/2026 BY HON'BLE SESSIONS COURT,
PATHANAMTHITTA DATED 04.03.2026
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
