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Arjun vs State Of Kerala
2026 Latest Caselaw 2686 Ker

Citation : 2026 Latest Caselaw 2686 Ker
Judgement Date : 8 April, 2026

[Cites 0, Cited by 0]

Kerala High Court

Arjun vs State Of Kerala on 8 April, 2026

Author: Kauser Edappagath
Bench: Kauser Edappagath
                                                       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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