Citation : 2026 Latest Caselaw 2688 Ker
Judgement Date : 8 April, 2026
B.A.No. 2008 of 2026
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2026:KER:31582
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. 2008 OF 2026
CRIME NO.55/2026 OF NOORANADU POLICE STATION, ALAPPUZHA
PETITIONER/ACCUSED NO.2:
ANURAG. S @ UNNIKUTTAN
AGED 25 YEARS, S/O SUBHASH,
PUTHENTHARAYIL HOUSE, EDAPPANAYAM,
SOORANAD NORTH VILLAGE,
KUNNATHOOR THALUK,
KOLLAM DISTRICT., PIN - 690561
BY ADV SRI.P.V.DILEEP
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
2 THE STATION HOUSE OFFICER
NOORANAD POLICE STATION,
NOORANAD P.O,
ALAPPUZHA DISTRICT,, PIN - 690504
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. 2008 of 2026
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2026:KER:31582
ORDER
This application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking
regular bail.
2. The applicant is the accused No.2 in Crime
No.55/2026 of Nooranadu Police Station, Alappuzha District.
The offences alleged are punishable under Sections 189(2),
191(2), 191(3), 296(b), 115(2), 118(1), 118(2) and 109(1) r/w
Section 190 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the accused
persons have animosity towards the elder brother of the defacto
complainant by name Ajesh. So, on 20.01.2026 at about 9:00
pm, they formed themselves into an unlawful assembly and in
prosecution of the common object of the said assembly, at a
place near Mangarath Colony Junction in ward No.XVI of
Thamarakkulam Grama Panchayat, Chathiyara Village,
assaulted the defacto complainant and his friend. The accused
No.1 abused the defacto complainant in a derogative manner
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2026:KER:31582
and struck on the middle of his head using a shock-absorber
and thereby caused grievous injuries on the scalp. The applicant
hit him with a sharp edged object on his back and the accused
No.3 incessantly fisted on his face and head. When the defacto
complainant tried to obstruct the accused from the attack
against his friend, the accused No.1 beat on his back using the
shock-absorber, causing rib fracture. Thereafter, the accused
No.4 along with accused Nos.5 to 8, continued to assault the
defacto complainant and his friend, fisted and stamped him with
an intention of committing murder. Thus, the applicant
committed the above offences.
4. I have heard Sri.P.V.Dileep, the learned counsel for
the applicant and Smt.V.Sreeja, 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
present case. The counsel further submitted that no materials
are on record to connect the applicant with the alleged crime;
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2026:KER:31582
hence, he is entitled to bail. On the other hand, the learned
Senior Public Prosecutor submitted that the alleged incident
occurred as a part of the intentional criminal acts of the
applicant, and he is not entitled to bail at this stage.
6. The applicant was remanded to judicial custody on
23.03.2026. The investigation is almost over and the recovery
has been effected. The applicant has no criminal antecedents.
For these reasons, I do not find any reason to hold that the
continued detention of the applicant is required for any purpose.
Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following
conditions: -
(i) The applicant shall be released on bail 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
jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the
investigation.
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(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
without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of the
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 APA
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APPENDIX OF BAIL APPL. NO. 2008 OF 2026
PETITIONER ANNEXURES
Annexure-1 THE TRUE COPY OF F.I.R IN CRIME NO:
55/2026 OF NOORANAD POLICE STATION IN ALAPPUZHA DISTRICT.
Annexure-2 THE TRUE COPY OF THE ORDER DATED 30.03.2026 IN C.M.P.NO. 4/2026 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, MAVELIKKARA.
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