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Kerala High Court
Rajesh vs State Of Kerala on 7 April, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:31348
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 7TH DAY OF APRIL 2026/17TH CHAITHRA, 1948
BAIL APPL. NO. 1764 OF 2026
CRIME NO.236/2026 OF KUNNAMKULAM POLICE STATION, THRISSUR
PETITIONERS/6TH & 7TH ACCUSED:
1 RAJESH
AGED 49 YEARS, S/O KUNJAN,
NELLIKKAL HOUSE, PERUMTHURUTHI P.O., PAZHANJI VILLAGE,
THRISSUR, PIN - 680542
2 SHITHIN
AGED 28 YEARS, S/O DASAN,
MOORTHATTIL HOUSE, PERUMTHURUTHI P.O.,
PAZHANJI VILLAGE, THRISSUR,
PIN - 680542
BY ADVS.
SHRI.K.N.ABHILASH
SHRI.SUNIL NAIR PALAKKAT
SHRI.RISHI VARMA T.R.
SHRI.RITHIK S.ANAND
SHRI.SREEJITH A.
SMT.ALFIYA SHAMSUDHEEN
SMT.TEENA M. ASHOK
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KUNNAMKULAM POLICE STATION, THRISSUR, PIN - 680503
BAIL APPL. NO. 1764 OF 2026
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BY ADV.
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.04.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 1764 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.6 and
7 in Crime No.236/2026 of Kunnamkulam Police Station,
Thrissur District. The offences alleged are punishable under
Sections 333, 126(2), 115(2), 118(1), 118(2), 351(3),
296(b) and 324(4) read with Section 3(5) of the Bharatiya
Nyaya Sanhita, 2023 (BNS).
3. The prosecution case, in short, is that the
accused Nos.1 to 4, in the company of other three persons,
formed themselves into an unlawful assembly on
15.02.2026 at 15:30 hours, enraged by ouster from
Aswamedham club, when the procession in connection with
the Sivarathri festival of Perumthuruthy Ayyappa temple
was going on in front of the house of the accused No.1,
they got down to the road from the house. The accused
No.1 pushed down the defacto complainant's friend Nidhin
and uttered obscene words. When the defacto complainant
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intervened, the accused No.2 struck on his head and he fell
down, the accused No.1 with a sapling pot struck across
his head. The blow was blocked by the defacto complainant
which fractured his right palm. When his friends
intervened, the accused No.1, attacked the friends using
beer bottles and their hands and thereby committed the
aforementioned offences.
4. I have heard Sri. Abhilash K.N., 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 released on bail at this stage, it will affect the
course of the investigation.
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6. I went through the FIS. Even though
overt act has been attributed against the applicants, they
have not used any weapon. That apart, in Annexure-A2
counter case, the accused have already been granted pre-
arrest bail. The applicants have no criminal antecedents.
Considering the allegations made against the applicants,
their custodial 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
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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 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
ARK
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APPENDIX OF BAIL APPL. NO. 1764 OF 2026
PETITIONER ANNEXURES
ANNEXURE-A1 A TRUE COPY OF THE FIR NO-236/2026
KUNNAMKULAM POLICE STATION DATED 16/02/2026
ANNEXURE-A2 A TRUE COPY OF THE FIR NO-248/2026
KUNNAMKULAM POLICE STATION DATED 18/02/2026
ANNEXURE-A3 A TRUE COPY OF THE ORDER DATED 06/03/2026 IN
B.A NO. 466/2026 OF THE PRINCIPAL SESSION'S
JUDGE THRISSUR
ANNEXURE-A4 A TRUE COPY OF THE ORDER DATED 19/03/2026 IN
B.A-536/2026 OF THE PRINCIPAL SESSION'S JUDGE
TRISSUR
