Citation : 2026 Latest Caselaw 2686 Ker
Judgement Date : 8 April, 2026
2026:KER:31639
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. 1970 OF 2026
CRIME NO.65/2026 OF PUDUKKAD POLICE STATION, THRISSUR
AGAINST THE JUDGMENT DATED 24.03.2026 IN BAIL APPL. NO.1125 OF
2026 OF HIGH COURT OF KERALA
PETITIONER:
ARJUN
AGED 30 YEARS, SON OF SUKUMARAN,
THAIPPARAMBIL HOUSE, KALLUR VILLAGE, THRISSUR,
PIN - 680317
BY ADVS.
SRI.JITHIN BABU A
SHRI.ARUN SAMUEL
SHRI.ANOOD JALAL K.J.
SMT.DONA MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
3 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BAIL APPL. NO. 1970 OF 2026
2
2026:KER:31639
BY ADVS.
SHRI.VISHNU K. RAMESH
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. 1970 OF 2026
3
2026:KER:31639
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 accused No.2 in
Crime No.65/2026 of Pudukkad Police Station, Thrissur
District. The offences alleged are punishable under
Sections 126(2), 115(2), 118(1), 118(2) and 117(2) read
with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023
(BNS).
3. The prosecution case, in short, is that, on
10.01.2026 at 21:30 hours in a place called Kalloor
Mavinchuvad, the accused Nos.1 to 7 physically assaulted
the victim by hitting with hand and also using key chain,
kicked him causing three fractures on his face and thereby
committed the offences.
4. I have heard Sri. Jithin Babu.A, 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 BAIL APPL. NO. 1970 OF 2026
2026:KER:31639
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 accused No.1 has been arrested and
was released on bail. The remaining accused except the
applicant were granted pre-arrest bail by this Court. The
de facto complainant and the injured have entered
appearance. It is submitted that the matter has been
settled between them. They have sworn in affidavits. In
these circumstances, I am of the view that custodial
interrogation of the applicant is not necessary. 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 BAIL APPL. NO. 1970 OF 2026
2026:KER:31639
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 BAIL APPL. NO. 1970 OF 2026
2026:KER:31639
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. 1970 OF 2026
2026:KER:31639
APPENDIX OF BAIL APPL. NO. 1970 OF 2026
PETITIONER ANNEXURES
ANNEXURE 1 A TRUE COPY OF THE ORDER IN BA BA 1125/2026 DATED 24/03/2026 OF THIS HON'BLE COURT.
ANNEXURE 2 A TRUE COPY OF THE FIR IN CRIME NO. 65/2026 OF PUDUKAD POLICE STATION, THRISSUR.
ANNEXURE 3 A TRUE COPY OF THE COMPLAINT FILED BY THE WIFE OF THE FIRST ACCUSED.
ANNEXURE 4 A TRUE COPY OF THE ORDER DATED 04/02/2026 IN BA. NO. 151/2026 BY IV ADDITIONAL DISTRICT COURT, THRISSUR.
ANNEXURE 5 THE AFFIDAVIT DATED 30/03/2026 SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT.
ANNEXURE 6 THE AFFIDAVIT DATED 22/03/2026 SWORN BY THE 3RD RESPONDENT/INJURED.
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