Abishegh S.N vs State Of Kerala
2026 Latest Caselaw 2748 Ker

Kerala High Court

Abishegh S.N vs State Of Kerala on 10 April, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                              2026:KER:32212



          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

  FRIDAY, THE 10TH DAY OF APRIL 2026 / 20TH CHAITHRA, 1948

                BAIL APPL. NO. 1990 OF 2026

   CRIME NO.66/2026 OF THRITHALA POLICE STATION, PALAKKAD

PETITIONER/ACCUSED:

         ABISHEGH S.N,
         AGED 26 YEARS
         S/O LATE SOMAN,NADENCHERI, VENGINIKRA, EDAPPAL
         P.O.,AYILAKAD, MALAPPURAM, KERALA, PIN - 679576.

         BY ADVS.
         SHRI.NEERAJ KRISHNA KUMAR
         SHRI.ASWAJITH T.S.
         SMT.HASNA JABIL
         SHRI.JYOTHISH P.
RESPONDENT/STATE:

         STATE OF KERALA,
         REPRESENTED BY PUBLIC PROSECUTOR, THE HIGH COURT
         OF KERALA, ERNAKULAM, PIN - 682031.

         SMT.SEEJA V., SR. PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.04.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 B.A. No. 1990 OF 2026               2


                                                         2026:KER:32212



                               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.66/2026 of Thrithala Police Station, Palakkad District. The

offences alleged are punishable under Sections 329(3), 324(6),

326(g), 351(1) and 110 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on

05.02.2026 at 12:00 pm, the applicant who was the former friend

of the defacto complainant's sister Muhseena, due to the prior

enmity towards her, trespassed into the house where the defacto

complainant and his family reside, and with intent and preparation

to cause bodily harm to them, the applicant threw a glass bottle

containing some liquid towards the front window of the house,

thereby the front window and a plastic chair placed near got fired.

If the defacto complainant had not brought water and

extinguished the fire, he and his family would have been trapped

in the fire inside the house which resulted in their death. Thus, the

applicant is alleged to have committed the above offences.

2026:KER:32212

4. I have heard Sri.Neeraj Krishna Kumar, 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. On a reading of the case records, it would show

that no person has sustained any injury at all in the alleged

incident. The FIR refers to only unspecified liquid. 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 case to grant pre-

arrest bail to the applicant.

In the result, the application is allowed on the following

conditions:-

2026:KER:32212

(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

without the permission of the trial Court.

2026:KER:32212

(vii) The applicant shall not enter the jurisdiction of

the police station where the de facto complainant resides.

(viii) 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

mea

2026:KER:32212

APPENDIX OF BAIL APPL. NO. 1990 OF 2026

PETITIONER ANNEXURES

Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.

                        66/2026    THRITHALA   POLICE    STATION,
                        PALAKKAD DATED 05.02.2026
Annexure A2             TRUE   COPY   OF   THE  ORDER   IN   B.A.
                        NO.156/2026   PASSED   BY   THE   HON'BLE
                        SESSIONS     COURT,    PALAKKAD     DATED
                        25.02.2026
Annexure A3             TRUE COPY OF THE BANK TRANSACTIONS DATED
                        NIL
Annexure A4             A TRUE COPY OF THE COMPLAINTS AND

RECEIPTS DATED 13.05.2025 AND 14.12.2025 Annexure A5 A TRUE COPY OF THE COMPLAINT FILE BY THE PETITIONER HEREIN DATED 29.01.2026