[Cites 8, Cited by 0]
Kerala High Court
Arun Anand vs State Of Kerala on 3 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.13043/2025
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2026:KER:9001
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. 13043 OF 2025
CRIME NO.442/2019 OF Thodupuzha Police Station, Idukki
AGAINST THE JUDGMENT DATED 08.04.2025 IN Bail Appl.
NO.4337 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
ARUN ANAND, AGED 39 YEARS
S/O.ANANDKUMAR, AISWARYA HOUSE, NEAR
KUMARAMANGALAM VILLAGE OFFICE, KUDAVETTOOR P.O,
FROM FLAT NO.A3, NANTHENCODE, KAWDIYAR KARA,
KAWDIYAR VILLAGE, THIRUVANANTHAPURAM DISTRICT.,
PIN - 695003
BY ADVS. SRI.VIVEK VENUGOPAL
SRI.NIREESH MATHEW
RESPONDENT/COMPLAINANT-STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI., PIN - 682031
SRI.C.K. SURESH, SPL. GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.13043/2025
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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 in
S.C.No.536/2019 on the files of the I Additional Sessions
Court/Special Judge, Thodupuzha in Crime No.442/2019 of
Thodupuzha Police Station, Idukki District. The offences alleged
are punishable under Sections 294(b), 323, 326, 506(i), 302,
201 and 212 of the IPC and Section 75 of the Juvenile Justice
(Care and Protection of Children), Act.
3. The prosecution case, in short, is that the
accused No.1 is a relative of one Biju, who was the husband of
the original accused No.2. Biju died due to heart atack.
Thereafter, the original accused No.2 fell in love with the
accused No.1, who is the applicant herein. Subsequently, the
original accused No.2 and the applicant started to live together
in a house. The original accused No.2 had two children in her
relationship with her former husband. While the applicant and
the original accused No.2 were living together, on 27.03.2019,
midnight at about 1.30 am, while the children were asleep, the
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accused locked the house and went out. It is alleged that when
they returned by 3 am and woke up the children, the younger
child was seen to have urinated in his trousers. It is alleged that
the applicant asked about the same to the elder child and
abused him, brutally manhandling him by kicking and beating
him. It is further alleged that the applicant kicked the deceased
victim boy aged 7 years, lifted and smashed him on the floor
and thereafter gave a blow aiming at his head using a dumbbell
and caused a fracture on his ribs and thereafter, he threw him
towards the gap in between the almirah and the wall of the
bedroom and thereafter he stamped him causing injury on his
head. Thereafter he dragged the victim through the floor aiming
his head to hit at the leg of the cot with an intention to cause
death. As a result of that, the small minor boy sustained serious
injuries including intracranial injury and hemorrhage. When the
mother of the victim who is the original accused No.2
intervened, the applicant fisted on her face and caused injuries.
Subsequently, they took him to the Chazhikkad Hospital at
Thodupuzha, wherein it was revealed that the boy sustained
serious injuries. But the applicant deliberately delayed the
treatment of the injured child and as a result of the same, the
victim succumbed to the injuries at MOC Medical College
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Hospital at Kolencherry. Hence it is alleged that the accused
committed the above offences. The accused No.2 subsequently
became the approver.
4. I have heard Sri. Vivek Venugopal, the learned
counsel for the applicant and Sri. C.K. Suresh, the learned
Special 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 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.
The applicant was remanded to judicial custody on
30.3.2019. The allegation against the applicant is very serious
in nature and the murder was committed in a brutal manner. It
is true that the applicant is in custody for the last more than six
years and in the ordinary course, on the ground of long
detention, bail could have been granted to the applicant based
on the principles laid down by the Supreme Court in various
decisions, that long incarceration is a ground for bail. However,
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the report furnished by the learned Judge of the trial court at
the instance of this Court shows that the trial is delayed due to
the non co-operation of the applicant. It appears from the
report that the applicant has changed lawyer so many times and
he is not represented by any lawyer and the court deputed a
defence counsel. However, he is not co-operating with that
defence counsel as well. The charge could not be framed for the
non co-operation of the applicant. In these circumstances, I am
of the view that the applicant is not entitled for bail. The bail
application, accordingly, is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
2026:KER:9001
APPENDIX OF BAIL APPL. NO. 13043 OF 2025
PETITIONER ANNEXURES
Annexure 1 TRUE PHOTOCOPY OF THE ORDER DATED
05.09.2019 IN CRL.MC.NO.610/2019 PASSED
BY THE COURT OF SESSIONS, THODUPUZHA.
Annexure 2 TRUE PHOTOCOPY OF THE ORDER DATED
15.10.2019 IN CRL.MC.NO.705/2019 PASSED
BY THE COURT OF SESSIONS, THODUPUZHA.
Annexure 3 ORDER DATED 05-05-2020 IN BAIL
APPL.2596/2020 ON HIGH COURT
Annexure 4 ORDER DATED 20-08-2020 IN BAIL
APPL.5142/2020 ON HIGH COURT
Annexure 5 ORDER DATED 08-04-2022 IN BAIL
APPL.2871/2022 ON HIGH COURT
Annexure 6 TRUE PHOTOCOPY OF THE ORDER DATED
28.09.2022 IN CRL.MC.NO.838/2022 IN
SC.NO.536/2019 BY THE I ADDL. SESSIONS
JUDGE/SPECIAL JUDGE, THODUPUZHA
Annexure 7 ORDER DATED 24-11-2022 IN BAIL
APPL.8934/2022 ON HIGH COURT
Annexure 8 ORDER DATED 05-12-2022 IN BAIL
APPL.9764/2022 ON HIGH COURT
Annexure 9 ORDER DATED 24-02-2023 IN BAIL
APPL.1687/2023 ON HIGH COURT
Annexure 10 ORDER DATED 07-07-2023 IN BAIL
APPL.5215/2023 ON HIGH COURT
Annexure 11 ORDER DATED 16-08-2024 IN BAIL
APPL.6068/2024 ON HIGH COURT
Annexure 12 TRUE PHOTOCOPY OF THE ORDER DATED
02.07.2024 IN CRL.MP.NO.2466/2024 IN
SC.NO.536/2019 PASSED BY THE I ADDL.
SESSIONS JUDGE/SPECIAL JUDGE,
THODUPUZHA
Annexure 13 ORDER DATED 08-04-2025 IN BAIL
APPL.4337/2025 ON HIGH COURT
