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