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Sidhin.P.P vs State Of Kerala
2026 Latest Caselaw 2749 Ker

Citation : 2026 Latest Caselaw 2749 Ker
Judgement Date : 10 April, 2026

[Cites 0, Cited by 0]

Kerala High Court

Sidhin.P.P vs State Of Kerala on 10 April, 2026

Author: Kauser Edappagath
Bench: Kauser Edappagath
                                                    2026:KER:32242

B.A.NO.1992 OF 2026                1


           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. 1992 OF 2026

  CRIME NO.99/2026 OF Peringome Police Station, Kannur

         AGAINST THE ORDER DATED 30.03.2026 IN BA NO.335

OF 2026 OF     THE SESSIONS COURT, THALASSERY

PETITIONERS/ACCUSED NOS. 1, 3, 7 TO 16:

     1      SIDHIN.P.P.,
            AGED 37 YEARS,
            S/O BALAN, ADVOCATE, PANNOTH,
            KANKOL, (PO) KANKOL, PAYYANUR TALUK,
            KANNUR DISTRICT, PIN - 670307

     2      RADHAKRISHNAN P.,
            AGED 61 YEARS,
            S/O.C.P.NARAYANAN NAMBAIR,
            PAYYANADUKKATH HOUSE, THAZHAKURUNTH,
            P.O.KANKOL, PAYYANUR TALUK,
            KANNUR DISTRICT, PIN - 670307

     3      AKHIL A.,
            AGED 29 YEARS,
            S/O BHASKARAN.A, ARAMANA HOUSE,
            KORANGAD, (PO) PERINGOME, KANNUR,
            PIN - 670353

     4      GOKUL C.,
            AGED 27 YEARS,
            S/O. RAMESAN, CHENDACHERI HOUSE,
            KURUKKOOTTI MATHIL (PO), ALAPADAMBA,
            PAYYANUR TALUK, KANNUR DISTRICT,
            PIN - 670307
                                               2026:KER:32242

B.A.NO.1992 OF 2026            2



     5      DEEPESH N.V.,
            AGED 37 YEARS,
            S/O. CHATHU, KANKOL (PO),
            PAYYANUR TALUK, KANNUR DISTRICT, PIN - 670307

     6      SIDDARTH N.,
            AGED 29 YEARS,
            S/O SREEDHARAN, NICHIKKATT HOUSE,
            RAMAPURAM, PURAKKUNNU (PO), PERINTHATTA
            VILLAGE, PAYYANUR TALUK,
            KANNUR DISTRICT, PIN - 670307

     7      DINESH K.,
            AGED 39 YEARS,
            S/O.SARADA, KUNNATH HOUSE, PERINTHATTA
            PORAKKUNNU (PO), PAYYANUR TALUK, KANNUR
            DISTRICT, PIN - 670307

     8      JISHNU VISWANATH,
            AGED 29 YEARS,
            S/O VISWANATHN, MECHERIMURIYIL HOUSE,
            THOLLATHUVAYAL, NHEKLI (PO), PAYYANUR TALUK,
            KANNUR, PIN - 670353

     9      SUBIN K.,
            AGED 28 YEARS
            S/O.RAVEENDRAN, KEENERI HOUSE,
            KUNDUVADI, NHEKLI (PO), PAYYANUR TALUK,
            KANNUR DISTRICT, PIN - 670353

     0      MANOOP T.M.,
            AGED 38 YEARS,
            S/O. MOHANDAS, THEEPUKALLUMKAL,
            (PO) NHEKLI, KARIPOPDU, PERINGOME AMSOM,
            NHEKLI DESOM, PAYYANUR TALUK,
            KANNUR DISTRICT, PIN - 670353

    11      ABHISHEK K.R.,
            AGED 34 YEARS
            S/O. KUNHIRAMAN, KUNDILAPURAYIL, URAYIL,
            KUNDUVADI, NHEKLI (PO), PAYYANUR TALUK,
            KANNUR DISTRICT, PIN - 670353

    12      ANOOP A.V.,
                                                 2026:KER:32242

B.A.NO.1992 OF 2026            3



            AGED 39 YEARS,
            S/O CHANDRAN, AVARONNAN HOUSE,
            NHEKLI (PO), PAYYANUR TALUK,
            KANNUR DISTRICT, PIN - 670353


            BY ADVS.
            SHRI.P.V.ANOOP
            SRI.PHIJO PRADEESH PHILIP
            SHRI.JUNAID.V.S
            SHRI.M.ABHIJITH KRISHNAN


RESPONDENT/STATE:

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


            BY ADV.
            SMT.SREEJA V., SR. PP


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 10.04.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                           2026:KER:32242

B.A.NO.1992 OF 2026                 4



                             ORDER

This application is filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),

seeking pre-arrest bail.

2. The applicants are the accused Nos. 1, 3 and 7 to

16 in Crime No.99/2026 of Peringome Police Station, Kannur

District. The offences alleged are punishable under Sections

189(2), 189(3), 191(2), 333, 126(2), 132, 121(1), 351(2), and

296(b) r/w Section 190 of Bharatiya Nyaya Sanhita, 2023 (for

short, 'the BNS')

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

10.03.2026 at 11.45 hrs, the accused Nos. 1 to 5, along with

ten other identifiable persons, protested against the arrest of

accused No. 5, who is a CPI(M) leader, and formed an

unlawful assembly with the intention to commit offences.

They trespassed into the Police Station without obeying the

orders of the police, wrongfully restrained the defacto

complainant, and the accused No. 2 caught hold of his T-shirt

collar, uttered obscene words against them, prevented the

defacto complainant and the police from discharging their 2026:KER:32242

official duty, and thereby committed the offences.

4. I have heard Sri.P.V.Anoop, the learned counsel for

the applicants and Smt.Sreeja V., the learned Senior Public

Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted

that the applicants are innocent and have been falsely

implicated in the present case. The counsel further

submitted that no materials are on record to connect the

applicants with the alleged crime; hence, they are entitled

to bail. The learned Senior Public Prosecutor, on the other

hand, submitted that the alleged incident occurred as part of

the applicants' intentional criminal acts, and if they are

released on bail at this stage, it will affect the course of the

investigation.

6. The law regarding the grant or refusal of pre-

arrest bail is well settled. Pre-arrest bail cannot be granted as

a matter of course. The power under Section 482 of BNSS

could be exercised only when a special case is made out,

that too, recording reasons thereof. Perusal of the case diary

reveals that the accusation made against the applicants is

very serious in nature, and it prima facie shows a 2026:KER:32242

premeditated criminal act on their part. Specific overt acts

have been attributed against the applicants in the FIS

7. The investigation is in a preliminary stage. The

custodial interrogation of the applicants is necessary for the

investigation. As rightly argued by the learned Public

Prosecutor, the possibility of the applicants influencing the

witnesses and interfering with the investigation cannot be

ruled out if they are released on bail. Considering the

gravity of the offence and stage of the investigation, I am of

the view that this is not a fit case where the extraordinary

jurisdiction vested with this Court under Section 482 of BNSS

could be invoked. The bail application is, accordingly,

dismissed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE VPK 2026:KER:32242

APPENDIX OF BAIL APPL. NO. 1992 OF 2026

PETITIONER ANNEXURES

Annexure A A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.99/2026 OF PERINGOME POLICE STATION DATED 11.03.2026

Annexure B TRUE COPY OF THE COMMON ORDER DATED 30.03.2026 IN BAIL APPLICATION NO.

335/2026 AND 364 OF 2026 OF THE HON'BLE SESSIONS COURT, THALASSERY

 
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