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Kerala High Court
Kumar vs State Of Kerala on 8 April, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:31674
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
BAIL APPL. NO. 1890 OF 2026
CRIME NO.139/2026 OF VANDIPERIYAR POLICE STATION, IDUKKI
AGAINST THE ORDER DATED 18.03.2026 IN BA NO.203 OF 2026 OF
ADDITIONAL DISTRICT COURT (ADHOC), THODUPUZHA
PETITIONERS/ACCUSED 1 TO 4:
1 KUMAR
AGED 30 YEARS
S/O SABARIMALA, SATHRAM COLONY, MOUNT P.O,
VANDIPERIYAR, IDUKKI, PIN - 685533
2 VARGHESE
AGED 46 YEARS
S/O MAHALINGAM, SATHRAM COLONY, MOUNT P.O,
VANDIPERIYAR, IDUKKI, PIN - 685533
3 GUNA
AGED 22 YEARS
S/O VARGHESE, SATHRAM COLONY, MOUNT P.O, VANDIPERIYAR,
IDUKKI, PIN - 685533
4 UMMADEVI
AGED 38 YEARS
W/O VARGHESE, SATHRAM COLONY, MOUNT P.O, VANDIPERIYAR,
IDUKKI, PIN - 685533
BY ADVS.
SRI.T.A.UNNIKRISHNAN
SHRI.ROHITH R.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
B.A. No.1890 of 2026
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2026:KER:31674
KERALA, ERNAKULAM, PIN - 682031
SMT.SREEJA V., SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.04.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.1890 of 2026
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2026:KER:31674
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 4 in Crime
No.139/2026 of Vandiperiyar Police Station, Idukki District. The
offences alleged are punishable under Sections 329(3), 296(b),
115(2) and 118/(1) r/w 3(5) of the Bharatiya Nyaya Sanhita,
2023 (for short, the BNS).
3. The prosecution case, in short, is that on account of
prior enmity towards the de facto complainant and others, the
accused, with the intention to abuse, intimidate, and cause
mental distress and fear of death, on 18.02.2026 at about
09:30 p.m., committed criminal trespass into the courtyard of
the house bearing the name "Rahul Bhavan" situated in the
Sathram area, Mount Kara in Manjumala Village, where the de
facto complainant resides and verbally abused the de facto
complainant's mother and pushed her to the ground. When the
de facto complainant intervened, he was restrained by the
accused No.1, while the accused No.2 allegedly beat him with a
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stick on his left knee, back and abdomen, the accused No.3
struck him on the head with his hand, and the accused No.4
pulled his shirt, assaulted him by hitting his left chest, back,
and right ear and thereby committed the offences.
4. I have heard Sri.T.A.Unnikrishnan, the learned
counsel for the applicants and Smt. Sreeja V., 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 applicant Nos.1 and 2. They have used
weapon also. Hence, I am of the view that they cannot be
granted pre-arrest bail. However, so far as applicant Nos.3
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and 4/accused Nos.3 and 4 are concerned, no specific overt act
has been attributed against them and they have not used any
weapon. Considering the allegations made against the applicant
Nos.3 and 4, their custodial interrogation seems unnecessary.
For these reasons, I find this to be an appropriate case to grant
pre-arrest bail to the applicant Nos.3 and 4.
7. The learned counsel for the applicants submitted that
the applicant Nos.1 and 2 are prepared to surrender before the
investigating officer.
In the result, the application is allowed in part on the
following conditions:-
(i) The applicant Nos.3 and 4 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 applicant Nos.3 and 4 shall fully cooperate with
the investigation, including subjecting themselves to the
deemed police custody for discovery, if any, as and when
demanded.
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(iii) The applicant Nos.3 and 4 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 applicant Nos.3 and 4 shall not commit any
offence of a like nature while on bail.
(v) The applicant Nos.3 and 4 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 Nos.3 and 4 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.
(viii) If applicant Nos.1 and 2 surrender before the
investigating officer within seven days from today, the
investigating officer shall interrogate them and after
interrogation, if the investigating officer is of the opinion that
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they need to be arrested, after recording the arrest, they shall
be produced before the jurisdictional Magistrate on the same
day itself. The application for bail, if any filed, shall be disposed
of by the learned Magistrate on the same day itself as far as
possible.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
SKP
2026:KER:31674
APPENDIX OF BAIL APPL. NO. 1890 OF 2026
PETITIONER'S ANNEXURES:
Annexure A1 TRUE COPY OF THE ORDER DATED 18.03.2026 IN
BA.NO.203/2026 OF 1ST ADDITIONAL SESSIONS
COURT, THODUPUZHA
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
