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Kerala High Court
Vineesh E V vs State Of Kerala on 8 April, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:31530
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. 1962 OF 2026
CRIME NO.212/2026 OF VARAPPUZHA POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT IN BA NO.630 OF 2026 OF DISTRICT COURT
& SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM
PETITIONER/ACCUSED:
VINEESH E V,
AGED 43 YEARS, S/O VIPINACHANDRAN E K,
ELOOTHARA HOUSE, KOTHAD P O, CHITOOR,
ERNAKULANM DIST, PIN - 682027
BY ADVS.
SHRI.VINU A.V
SHRI.LEO SANJO
RESPONDENT/RESPONDENT:
STATE OF KERALA,
REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
BY ADV.
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:
BAIL APPL. NO. 1962 OF 2026
2
2026:KER:31530
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.212/2026 of Varapuzha Police Station, Ernakulam
District. The offences alleged are punishable under
Sections 110, 126(2) and 118(1) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that the
applicant and the defacto complainant are neighbors. There
exists boundary dispute between them. On 15.03.2026 at
around 11.45 a.m., the applicant with an intention to cause
bodily harm to the defacto complainant, went to the
terrace of his house with a machete and engaged in
argument with him. When the defacto complainant tried to
resolve the dispute and came down on the road, at that
time, the applicant slashed his head several times with the
machete in his hand, causing deep wounds on the forehead
and crown of the head, as well as cuts on the nose and
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cheeks. If the defacto complainant had not dodged, he
would have suffered a deep wound on the neck and even
died and thereby committed the aforementioned offences.
4. I have heard Sri. Vinu A.V., 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 Senior 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. The applicant and the defacto
complainant are neighbours. A reading of the FIS would
show that there exists a dispute between them. Annexure
A3 is the FIR in respect of the counter case. Both the
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2026:KER:31530
incidents are one and the same. In Annexure A3, the
defacto complainant is the accused. The medical records
produced would show that the applicant and his mother
have sustained serious injuries in the incident. Considering
the allegations made against the applicant, his custodial
interrogation seems unnecessary. For these reasons, I find
this to be an appropriate 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
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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 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
BAIL APPL. NO. 1962 OF 2026
2026:KER:31530
APPENDIX OF BAIL APPL. NO. 1962 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE EMERGENCY DEPARTMENT
REGISTRATION CARD ISSUED IN THE NAME OF THE
PETITIONER FROM GENERAL HOSPITAL, ERNAKULAM
ANNEXURE A2 A TRUE COPY OF THE EMERGENCY DEPARTMENT
REGISTRATION CARD ISSUED IN THE NAME OF THE
MOTHER OF THE PETITIONER FROM GENERAL
HOSPITAL, ERNAKULAM
ANNEXURE A3 A TRUE COPY OF THE FIR IN CRIME NO. 213/2026
OF VARAPUZHA POLICE STATION REGISTERED UNDER
SECTIONS 118, 118(2) AND 110 OF THE BHARATIYA
NYAYA SANHITA, 2023 AGAINST THE DEFACTO
COMPLAINANT IN CRIME NO. 212/2026 OF THE SAME
POLICE STATION
ANNEXURE A4 A TRUE COPY OF THE DISCHARGE SUMMARY ISSUED
BY LOURDE HOSPITAL, ERNAKULAM DATED
18.03.2026
ANNEXURE A5 A TRUE COPY OF THE ORDER DATED 30/03/2026
PASSED BY THE HON'BLE DISTRICT AND SESSIONS
COURT, ERNAKULAM IN BA. NO. 630/2026
ANNEXURE A6 A TRUE COPY OF THE ORDER DATED 30/03/2026
PASSED BY THE HON'BLE DISTRICT AND SESSIONS
COURT, ERNAKULAM IN BA. NO. 630/2026
