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Kerala High Court
Arun Mr vs State Of Kerala on 3 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:9350
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. 422 OF 2026
CRIME NO.702/2025 OF MALAMPUZHA POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT IN CRMC NO.5410 OF 2025 OF ASSISTANT
SESSIONS COURT/ADDITIONAL SUB COURT, PALAKKAD
PETITIONER/ACCUSED 3:
RATHUL DAS K.H
AGED 28 YEARS, S/O HARIDAS,
KOYITHARA HOUSE, VTC: MALAMPUZHA - I, ANAIKKAL P.O.,
PALAKKAD, PIN - 678651
BY ADVS.
SHRI.ATHUL KRISHNA A.
SHRI.VARUN JACOB
RESPONDENT/STATE/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BY ADV.
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS. 422 & 421 OF 2026
2
2026:KER:9350
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. 421 OF 2026
CRIME NO.702/2025 OF MALAMPUZHA POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT IN CRMC NO.5410 OF 2025 OF ASSISTANT SESSIONS
COURT/ADDITIONAL SUB COURT, PALAKKAD
PETITIONERS/ACCUSED 1 & 2:
1 ARUN MR
AGED 33 YEARS, S/O ROY,
MALAYIL VEEDU, ANAIKKAL P.O., MALAMPUZHA - I,
PALAKKAD, PIN - 678651
2 MIDUNRAJ R.
AGED 25 YEARS, S/O RAJEEV,
KOCHITHODU HOUSE,MALAMPUZHA - I, PALAKKAD,
PIN - 678651
BY ADVS.
SHRI.SARATH M.S.
SHRI.GOKUL DEVIS
RESPONDENT/STATE/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY HE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BY ADV.
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.02.2026,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS. 422 & 421 OF 2026
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2026:KER:9350
ORDER
These applications are filed under Section 482 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,
BNSS), seeking pre-arrest bail.
2. Since the crime number and subject
matter of the dispute in both the cases are one and the
same, I am disposing these bail applications by a common
order.
3. The applicant in Bail Appl. No.422 of 2026
is the accused No.3 and the applicants in Bail Appl. No.421
of 2026 are the accused Nos.1 and 2 in Crime No.702/2025
of Malampuzha Police Station, Palakkad District. The
offences alleged are punishable under Sections 189(2),
191(2), 126(2), 115(2), 118(1) and 118(2) read with
Section 190 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case in both the cases, in
short, is that on 21.12.2025 at about 15.50 hours, while
the defacto complainant was going to Aanakkal for
collecting arecanut in a pickup vehicle, accused No.1
stopped the defacto complainant's vehicle from passing
BAIL APPL. NOS. 422 & 421 OF 2026
2026:KER:9350
and that was questioned by the defacto complainant. Due
to that enmity, accused Nos. 1 to 5 with the intention to
cause serious injuries to the defacto complainant, formed
themselves into an unlawful assembly knowing that they
were the members of the gang, accused No.1 intercepted
the vehicle of the defacto complainant at a place called
Kava in Malampuzha. Accused No.1 hit the defacto
complainant on the nose with a steel bangle thereby
caused serious injury and fracture to the nose and the
defacto complainant sustained injuries on his forehead and
behind his left ear. Accused Nos.2 to 5 grabbed the defacto
complainant from the vehicle and dragged him out and hit
him on various parts of his body with their hands, thereby
sustained injuries. Thus, the accused have committed the
above-mentioned offences.
4. I have heard Sri. Athul Krishna A and
Sarath M.S., the learned counsel for the applicants and Sri.
M.C.Ashi, the learned Senior Public Prosecutor. Perused the
case diary.
5. The learned counsel for the applicants
BAIL APPL. NOS. 422 & 421 OF 2026
2026:KER:9350
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 premeditated criminal act on their part. Specific
avert acts have been alleged against the applicants. The
de facto complainant has sustained nasal bone fracture in
the incident.
BAIL APPL. NOS. 422 & 421 OF 2026
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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 Senior 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
applications are, accordingly, dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ARK
BAIL APPL. NOS. 422 & 421 OF 2026
2026:KER:9350
APPENDIX OF BAIL APPL. NO. 422 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF ORDER OF CRL MC 5410/2025
DATED 14.01.2026 IN THE COURT OF SESSIONS,
PALAKKAD
BAIL APPL. NOS. 422 & 421 OF 2026
2026:KER:9350
APPENDIX OF BAIL APPL. NO. 421 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF ORDER OF CRL MC 5410/2025
DATED 14.01.2026 IN THE COURT OF SESSIONS,
PALAKKAD
