Citation : 2026 Latest Caselaw 1096 Ker
Judgement Date : 3 February, 2026
2026:KER:8989
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 3RD DAY OF FEBRUARY 2026 / 14TH MAGHA, 1947
BAIL APPL. NO. 304 OF 2026
CRIME NO.739/2025 OF KARUNAGAPALLY POLICE STATION, KOLLAM
AGAINST THE JUDGMENT DATED 27.10.2025 IN BAIL APPL.
NO.12157 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.8:
MANU @ KUKKU
AGED 31 YEARS
S/O SREEDHARAN PILLAI, LAKSHMI BHAVANMEMANA
MURI,OACHIRA VILLAGE, KARUNAGAPILLY TALUK,
KOLLAM, PIN - 690518
BY ADVS.
SRI.S.RAJEEV
SMT.DIPA V.
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SHRI.AKASH CHERIAN THOMAS
SHRI.AZAD SUNIL
SHRI.MAHESWAR PADICKAL
SHRI.T.P.ARAVIND
SMT.AKSHARA S.
RESPONDENT/STATE:
STATE OF KERALA
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 682031 (CRIME NO 739/2025 OF KARUNAGAPALLY
POLICE STATION, KOLLAM DISTRICT)
SRI.C.K. SURESH, SPL. PUBLIC PROSECUTOR
B.A.No.304 of 2026
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2026:KER:8989
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.304 of 2026
-3-
2026:KER:8989
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.8 in Crime
No.739/2025 of Karunagapally Police Station, Kollam District.
The offences alleged are punishable under Sections 61(2),
103(1), 118(1), 238(a), 239, 249, 332(a) r/w 333 r/w 3(5) of
the Bharatiya Nyaya Sanhita, 2023 and Section 3 of the
Explosive Substances Act, 1908.
3. The prosecution case, in short, is that accused No.1,
along with accused Nos. 2 to 9, entered into a criminal
conspiracy to cause the death of Santhosh. In furtherance of
the said conspiracy, accused Nos. 2 to 7 trespassed into the
residence of the deceased at 02.30 a.m. on 27.03.2025 and
hacked him to death. The assailants had blasted explosives in
the building and thereby committed the above offences.
4. I have heard Sri.S.Rajeev, the learned counsel for
the applicant and Sri.C.K.Suresh, the learned Special Public
2026:KER:8989
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;
hence, he is entitled to bail. On the other hand, the learned
Special 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
29.03.2025. The first bail application filed by the applicant was
dismissed by Annexure-I order mainly on the ground that the
applicant has criminal antecedents. It is stated in the said order
that applicant has twenty seven criminal antecedents. The
learned counsel for the applicant submitted that most of those
cases were already over. However, learned Special Public
Prosecutor gave me a list which would show that at present
seventeen cases are pending against the applicant. Out of the
seventeen cases, except two cases, all the remaining cases are
very old one. I went through the FIS. Admittedly, the applicant
2026:KER:8989
was not present in the scene of occurrence. The allegation
against the applicant is that he along with accused Nos.1 to 7
and 9 hatched conspiracy to cause death of Santhosh and in
furtherance of the said conspiracy, accused Nos.2 to 7
trespassed into the residence of the deceased and hacked him
to death. I went through the final report. The allegation against
the applicant to attract conspiracy is that he took a car, which
was used by accused Nos.2 to 7 to travel to the place of
occurrence, from the workshop and parked in front of the
house. It is also stated in the final report that the applicant
along with remaining accused was found in front of the house.
Other than this, there are no other materials. In these
circumstances, I am of the view that though applicant has
criminal antecedents, considering his period of detention, he
can 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.
2026:KER:8989
(ii) The applicant shall fully co-operate with the
investigation.
(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 SKP
2026:KER:8989
APPENDIX OF BAIL APPL. NO. 304 OF 2026
PETITIONER'S ANNEXURES:
Annexure I ORDER DATED 27-10-2025 IN BAIL APPL.12157/2025 ON HIGH COURT Annexure II A COPY OF THE ORDER DATED 30.12.2025 IN BA
Annexure III THE COPY OF THE FINAL REPORT IN THE ABOVE CRIME
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
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