Akshay vs State Of Kerala
2026 Latest Caselaw 2646 Ker

Citation : 2026 Latest Caselaw 2646 Ker
Judgement Date : 7 April, 2026

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Kerala High Court

Akshay vs State Of Kerala on 7 April, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                              2026:KER:31043


               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. 1827 OF 2026

        CRIME NO.218/2026 OF CHATHANNOOR POLICE STATION, KOLLAM

AGAINST THE ORDER/JUDGMENT IN BA NO.529 OF 2026 OF DISTRICT COURT

   & SESSIONS COURT / RENT CONTROL APPELLATE AUTHORITY, KOLLAM

PETITIONERS/1ST ACCUSED:

    1       AKSHAY,
            AGED 19 YEARS, S/O JOSE,
            PARAPPURATHU VEEDU, KAITHAKKUZHY, VELICHIKALA P.O.,
            KOLLAM DISTRICT, PIN - 691573

    2       ADHITHYAN,
            AGED 21 YEARS, S/O JOSE,
            PARAPPURATHU VEEDU, KAITHAKKUZHY, VELICHIKALA P.O.,
            KOLLAM, PIN - 691573

            BY ADV SHRI.BHARATH MOHAN


RESPONDENT/RESPONDENTS/RESPONDENT, STATE:

            STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM,
            PIN - 682031

             BY ADV.
             SRI.K.A. NOUSHAD, 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. 1827 OF 2026
                                     2
                                                           2026:KER:31043


                                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.2 and

3 in Crime No.218/2026 of Chathannoor Police Station,

Kollam District. The offences alleged are punishable under

Sections 126(2), 118(1) and 110 read with Section 3(5) of

the Bharatiya Nyaya Sanhita, 2023.

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

accused Nos.1 to 4 had on 26.02.2026 assaulted one Akhil

and Akshay, the friends of the complainant. The applicants

had intervened and attempted to save them. In retaliation,

the accused had assaulted the complainant. They had

wrongfully restrained the complainant. The accused No.2

had taken out a knife kept with him which was usurped by

the accused No.1. While the accused Nos.3 and 4 had

wrongfully restrained the complainant, the accused No.1

had stabbed near the spine of the complainant, causing a

very grave injury. While stabbing, the complainant had BAIL APPL. NO. 1827 OF 2026

2026:KER:31043

attempted to evade the same. Otherwise, it would have

resulted in an injury which would have led to the death of

the complainant.

4. I have heard Sri. Bharath Mohan, the

learned counsel for the applicants and Sri. K.A.Noushad,

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.

6. I went through the FIS. Specific overt act

has been attributed against the accused No.2 who is the

applicant No.1. The allegation is that he gave a knife to BAIL APPL. NO. 1827 OF 2026

2026:KER:31043

the accused No.1, who stabbed the de facto complainant.

Hence, I am of the view that he cannot be granted pre-

arrest bail. However, no serious overt act has been

attributed against the accused No.3 who is the applicant

No.2. He has not used any weapon. Hence, I am of the

view that he can be granted pre-arrest bail.

7. The learned counsel for the applicants

submitted that the applicant No.1 is ready to surrender

before the investigating officer.

In the result, the application is allowed in part on

the following conditions:-

(i) The applicant No.2 shall be released on

bail in the event of their 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 officer/investigating officer, as the case may be.

(ii) The applicant No.2 shall fully cooperate

with the investigation, including subjecting himself to the

deemed police custody for discovery, if any, as and when

demanded.

BAIL APPL. NO. 1827 OF 2026

2026:KER:31043

(iii) The applicant 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.

(iv) The applicant No.2 shall not commit any

offence of a like nature while on bail.

(v) The applicant 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