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Kerala High Court
Firose Tharayil vs State Of Kerala on 8 April, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.1920/2026
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2026:KER:31727
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. 1920 OF 2026
CRIME NO.34/2026 OF Changaramkulam Police Station,
Malappuram
PETITIONER/ACCUSED:
FIROSE THARAYIL
AGED 47 YEARS
S/O ALAVI ALLIPARAMBIL HOUSE, MARANCHERI, PONNANI,
MALAPPURAM DISTRICT, PIN - 679581
BY ADV SRI.SOJAN MICHEAL
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY HIGH COURT OF KERALA, ERNAKULAM,
KOCHI, PIN - 682031
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.04.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.1920/2026
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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 applicant is the sole accused in Crime
No.34/2026 of Changaramkulam Police Station, Malappuram
District. The offences alleged are punishable under Sections 281
and 125(b) of the Bharatiya Nyaya Sanhita, 2023 (for short, the
BNS).
3. The prosecution case, in short, is that on
2.1.2026 at about 2.33 pm, while the de facto complainant was
riding his motorcycle bearing No.KL-09-T-1282 with his friend,
Chandran as pillion rider from Naduvattam to Edappal side, when
they reached Naduvattam Junction, the car drove by the applicant
bearing registration No.KL-54-R5455 entered the road, on seeing
Chandran, the applicant got infuriated due to his prior animosity,
drove the car with intention to endanger human life, followed the
motorcycle ridden by the de facto complainant and when the
motorcycle reached near Nehathi Kuzhimanthi Hotel on Edappal at
Kuttippuram-Thrissur National Highway, the applicant
intentionally drove the car and deliberately rammed his car
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against the motorcycle of the de facto complainant, he and his
friend were knocked off from the motorcycle, they sustained
serious injuries and thereby committed the offences.
4. I have heard Sri. Sojan Micheal, the learned
counsel for the applicant and Smt. Sreeja V., the learned Senior
Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted
that the applicant is innocent and has been falsely implicated in
the above crime. The counsel further submitted that no materials
are on record to connect the applicant with the alleged crime;
hence, he is entitled to bail. The learned Public Prosecutor, on the
other hand, submitted that the alleged incident occurred as part
of the applicant's intentional criminal acts, and if he is released on
bail at this stage, it will affect the course of the investigation.
6. Initially the crime was registered under Sections
281 and 125(b) of the BNS. Thereafter, Section 110 of the BNS
was added. According to the applicant, it is a pure and simple
case of accident. The applicant appeared before the police and he
was interrogated. The investigation is almost over. The applicant
has no criminal antecedents. Considering the allegations made
against the applicant, his custodial interrogation seems
unnecessary. For these reasons, I find this to be an appropriate
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case to grant pre-arrest bail to the applicant.
In the result, the application is allowed on the following
conditions:-
(i) The applicant shall be released on bail in the
event of his 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 shall fully cooperate with the
investigation, including subjecting himself to the deemed police
custody for discovery, if any, as and when demanded.
(iii) The applicant 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 shall not commit any offence of a
like nature while on bail.
(v) The applicant 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 shall not leave the State of Kerala
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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
kp
2026:KER:31727
APPENDIX OF BAIL APPL. NO. 1920 OF 2026
PETITIONER ANNEXURES
Annexure 1 COPY OF THE FIR IN CRIME NO: 34/2026 OF
CHANGARAMKULAM POLICE STATION
Annexure 2 COPY OF THE NOTICE DATED 16.01.2026 IN
CRIME NO: 34/2026 OF CHANGARAMKULAM
POLICE STATION
Annexure 3 COPY OF THE ORDER IN CMP NO: 02/2026
DATED 04.02.2026 OF THE JUDICIAL FIRST-
CLASS MAGISTRATE COURT, PONNANI
Annexure 4 FREE CERTIFIED COPY OF THE ORDER DATED
24.03.2026 IN B.A NO: 334/2026 OF THE
SESSIONS COURT, MANJERI
