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Kerala High Court
Joy vs State Of Kerala on 3 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:9136
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. 13841 OF 2025
CRIME NO.2257/2025 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM
AGAINST THE ORDER DATED 03.11.2025 IN CRMC NO.2913 OF
2025 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONERS/ACCUSED:
1 JOY
AGED 59 YEARS, KURIAPPURAM HOUSE, VENGOOR WEST
ERNAKULAM DISTRICT, PIN - 683545
2 JOY
AGED 64 YEARS, KURAN HOUSE, KOMBANAD,
ERNAKULAM DISTRICT, PIN - 683546
3 SAJU
AGED 57 YEARS, KURIAPPURAM HOUSE, PULLUVAZHI,
RAYAMANGALAM P.O, ERNAKULAM DISTRICT, PIN - 683541
*4 SAJU (*CORRECTED)
AGED 55 YEARS, KURIAPPURAM HOUSE, AIMURY P.O,
KUVAPPADY, ERNAKULAM DISTRICT, PIN - 683544
*(NAME OF THE 4TH PETITIONER IS CORRECTED AS
PAULOSE, S/O.VARGHESE
AS PER ORDER DATED 03.02.2026 IN CRL.M.A.NO.1/2026
IN B.A. NO.13841/2025)
SRI.ALIAS M.CHERIAN
SRI.K.M.RAPHY
SRI.BRISTO S PARIYARAM
SMT.MINNU DARWIN
SRI.SAVIO AUGUSTINE
2026:KER:9136
BAIL APPL. NO. 13841 OF 2025
2
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 ANNAMMA (IMPLEADED AS ADDL R2)
W/O VARGHESE, KOLLAMMAVUDIYIL, MUDAVOOR P.O.,
MUVATTUPUZHA, ERNAKULAM DISTRICT
(IMPLEADED AS ADDL R2 AS PER ORDER DTD 23/1/26 IN
CRL MA 1/2025)
3 ANOOP K.V (IMPLEADED AS ADDL R3)
S /O VARGHESE, KOLLAMMAVUDIYIL, MUDAVOOR P.O.,
MUVATTUPUZHA, ERNAKULAM DISTRICT
(IMPLEADED AS ADDL R3 AS PER ORDER DTD 23/1/26 IN
CRL MA 1/2025)
SRI.K.K.DHEERENDRAKRISHNAN
SMT.N.P.ASHA
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:
2026:KER:9136
BAIL APPL. NO. 13841 OF 2025
3
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 accused Nos.1 to 4 in Crime
No.2257/2025 of Muvattupuzha Police Station, Ernakulam District.
The offences alleged are punishable under Sections 332(c),
126(2), 115(2), 296(b), 118(1), 117(2), 74 and 351(2) read with
Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short
'BNS').
3. The prosecution case, in short, is that the daughter of
the accused No.1 married the son of the defacto complainant.
There was some marital discord between the son and his wife. On
28.09.2025 at about 02.45 p.m., the accused trespassed into her
house and assaulted the defacto complainant. The son of the
defacto complainant was inside the house when the in-laws had
come. The accused dragged him out of the courtyard and
assaulted him. Applicant No.2 inflicted an injury on his neck by
using some weapon. Applicant No.1 dragged the defacto
complainant to the hall of the house and the accused Nos.1 to 5
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BAIL APPL. NO. 13841 OF 2025
torn the nightie worn by her and human excreta was pasted on
her body. Apart from that, applicant No.2 assaulted her on the
back and stamped on her back causing fracture of her ribs.
Thereafter, she fell on the ground and applicants Nos.3 and 4 hit
her head on the wall. Thus, the accused has outraged her
modesty and caused grievous injuries to her and thereby
committed the aforesaid offences.
4. I have heard Sri.Alias M.Cherian, the learned counsel
for the applicants, Sri.M.C.Ashi, the learned Senior Public
Prosecutor and Sri.K.K.Dheerendrakrishnan, the learned counsel
for the defacto complainant. Perused the case diary.
5. The learned counsel for the applicants submitted that
the applicants are innocent and have been falsely implicated in
the above crime. The counsel further submitted that no materials
are on record to connect the applicants with the alleged crime;
hence, they are entitled to get bail. The learned Senior Public
Prosecutor and the learned counsel for the defacto complainant,
on the other hand, submitted that the alleged incident occurred as
a part of the intentional criminal acts of the applicants, and if they
are released on bail at this stage, it will affect the course of the
investigation.
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BAIL APPL. NO. 13841 OF 2025
6. The parties are close relatives. It appears that there is a
longstanding dispute between the defacto complainant and the
accused. In the incident, the defacto complainant, who is a lady
aged 72 years, has sustained serious injuries, including a fracture.
The FIS would show that there is no reference to any particular
weapon used by any of the accused. However, there is a reference
that applicant No.2 has used some weapon which corresponds to
the injury sustained by the defacto complainant and noted in the
wound certificate. However, there is no allegation that any of the
other accused used any weapon. It is also alleged that applicants
Nos.1 and 4 pulled the nightie of the defacto complainant.
However, an overall reading of the FIS would show that it so
happened during the scuffle. In these circumstances, I am of the
view that the custodial interrogation of the applicants, except
applicant No.2 who used a weapon, is not necessary and thus,
they can be granted pre-arrest bail.
In the result, the application is allowed in part on the
following conditions:-
(i) The applicants Nos.1, 3 and 4 shall be released on bail
in the event of their arrest on executing a bond for Rs.1,00,000/-
(Rupees One lakh only) each with two solvent sureties for the like
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BAIL APPL. NO. 13841 OF 2025
sum each to the satisfaction of the arresting officer/investigating
officer, as the case may be.
(ii) The applicants Nos.1, 3 and 4 shall fully cooperate with
the investigation, including subjecting themselves to the deemed
police custody for discovery, if any, as and when demanded.
(iii) The applicants Nos.1, 3 and 4 shall appear before the
investigating officer between 10.00 a.m. and 11.00 a.m. every
Saturday until further orders. They shall also appear before the
investigating officer as and when required.
(iv) The applicants Nos.1, 3 and 4 shall not commit any
offence of a like nature while on bail.
(v) The applicants Nos.1, 3 and 4 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 applicants Nos.1, 3 and 4 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.
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BAIL APPL. NO. 13841 OF 2025
(viii) In the event applicant No.2 surrenders before the
investigating officer, the investigating officer shall interrogate him,
and after interrogation, if the investigating officer forms an
opinion that he has to be arrested, the investigating officer shall
record his arrest and produce him before the jurisdictional
Magistrate on the same day itself. The bail application, if any, filed
by the applicant No.2 shall be disposed of by the learned
Magistrate, in accordance with law, as far as possible, on the
same day itself. A copy of the bail application shall be given to the
learned Public Prosecutor in advance.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
NP
2026:KER:9136
BAIL APPL. NO. 13841 OF 2025
APPENDIX OF BAIL APPL. NO. 13841 OF 2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF F.I.R NO. 2257 OF 2025 ON
THE FILE OF MUVATTUPUZHA POLICE STATION,
ALUVA RURAL, ERNAKULAM, DISTRICT.
Annexure A2 A COPY OF THE LETTER DATED 01.10.2025
ALONG WITH THE COMPLIANT NO. 15286031-
2025-5-02627 DATED 11.06.2025 ON THE
FILE OF MUVATTUPUZHA POLICE STATION
Annexure A3 A TRUE COPY OF THE REGISTER OF PETITION
OF MUVATTUPUZHA POLICE STATION DATED
11.06.2025.
Annexure A4 A TRUE COPY OF THE ACCIDENT REGISTER CUM
WOUND CERTIFICATE DATED 28.09.2025
ISSUED FORM GENERAL HOSPITAL,
MUVATTUPUZHA.
Annexure A5 A TRUE COPY OF THE CASUALTY TICKET NO.
11637 DATED 28.09.2025 ISSUED FORM
GENERAL HOSPITAL, MUVATTUPUZHA.
Annexure A6 A TRUE COPY OF F.I.R NO. 2245 OF 2025 ON
THE FILE OF MUVATTUPUZHA POLICE STATION,
ALUVA RURAL, ERNAKULAM DISTRICT
Annexure A7 FREE COPY OF THE ORDER IN CRL. M.C NO.
2913 OF 2025, PASSED BY THE HON'BLE
DISTRICT & SESSIONS COURT, ERNAKULAM,
DATED 03.11.2025
Annexure A8 A TRUE COPY OF THE FIR REGISTERED CRIME
NO. 2636 OF 2005 ON THE FILE OF
MUVATTUPUZHA POLICE STATION
Annexure A9 A TRUE COPY OF THE ACCIDENT REGISTER -
CUM - WOUND CERTIFICATE DATED 03/12/2025
ISSUED FROM THE GENERAL HOSPITAL,
MUVATTUPUZHA
RESPONDENT ANNEXURES
Annexure R2A A TRUE COPY OF THE FIR IN CRIME NO.
2258/2025 OF MUVATTUPUZAHA POLICE
STATION
Annexure R2B TRUE COPY OF THE DISCHARGE SUMMARY
ISSUED TO THE DEFACTO COMPLAINANT FROM
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BAIL APPL. NO. 13841 OF 2025
THE MOSC MEDICAL MISSION HOSPITAL
Annexure R2C TRUE COPY OF THE DISCHARGE SUMMARY
ISSUED TO THE SON OF THE DEFACTO
COMPLAINANT FROM THE MOSC MEDICAL
MISSION HOSPITAL
