Citation : 2026 Latest Caselaw 1043 Ker
Judgement Date : 2 February, 2026
2026:KER:8670
BAIL APPL. NO. 397 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
BAIL APPL. NO. 397 OF 2026
CRIME NO.917/2025 OF Vandiperiyar Police Station, Idukki
PETITIONER/ACCUSED:
RAVIKUMAR.P
AGED 40 YEARS
S/O PALSWAMY, ‘SIVAPARVATHY', 59TH MILE,
VANDIPERIYAR, IDUKKI, PIN - 685533
BY ADVS.
SHRI.TITUS MANI
SRI.P.A.JACOB
SRI.BINNY THOMAS
SHRI.SWAROOP A.P.
SHRI.R.KRISHNANUNNI
SMT.SREYA MADHUSUDHAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, PIN - 682031
BY ADV.SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 02.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:8670
BAIL APPL. NO. 397 OF 2026
2
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.917/2025 of Vandiperiyar Police Station, Idukki District.
The offences alleged are punishable under Sections 323, 324,
325, 326, 341 and 506(i) of the Indian Penal Code, 1860.
3. The prosecution case, in short, is that the
applicant, the husband of the defacto complainant, had been
subjecting her to continuous physical harassment and with the
intention of wrongfully restraining, assaulting, and intimidating
her, continued such acts even after she shifted to her father-
in-law's house at Vandiperiyar. It is alleged that during the
intervening night of 27.04.2024 at about 10.00 p.m. and
28.04.2024 at about 02.00 a.m., the applicant wrongfully
restrained her by holding her neck, threatened to kill her,
slapped her on the cheeks, ears and back, covered her mouth,
twisted her hand and when she attempted to open the door, 2026:KER:8670 BAIL APPL. NO. 397 OF 2026
struck her left wrist with a wooden cricket bat causing a
fracture and also hit her ear, resulting in a fracture of the ear
bone, and thereby committed the offences.
4. I have heard Sri.Titus Mani Vettom, the
learned counsel for the applicant and Sri.K.A.Noushad, 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
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 applicant is the husband of the defacto
complainant. A matrimonial dispute is pending between them.
The alleged incident had taken place on 27.04.2024. However,
the First Information Report was lodged on 30.11.2024. Even
before that, i.e., on 04.11.2024, the applicant has filed an
original petition for divorce against the defacto complainant 2026:KER:8670 BAIL APPL. NO. 397 OF 2026
before the Family Court. The applicant does not have any
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:-
(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.
2026:KER:8670 BAIL APPL. NO. 397 OF 2026
(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 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 Mn 2026:KER:8670 BAIL APPL. NO. 397 OF 2026
APPENDIX OF BAIL APPL. NO. 397 OF 2026
PETITIONER ANNEXURES
Annexure A-1 THE TRUE COPY OF THE F.I.R DT. 30-11-
Annexure A-2 THE TRUE COPY OF THE F.I STATEMENT DT.
30-11-2025 Annexure A-3 THE TRUE COPY OF THE ORDER DT. 08-01-
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