Citation : 2026 Latest Caselaw 1187 Ker
Judgement Date : 4 February, 2026
2026:KER:9699
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026/15TH MAGHA, 1947
BAIL APPL. NO. 508 OF 2026
CRIME NO.6/2026 OF VATTAPPARA POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER DATED 14.01.2026 IN BA NO.57 OF 2026 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT (ATROCITIES & SEXUAL
VIOLENCE AGAINST WOMEN & CHILDREN),THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.4:
ABHINANDU SANKAR,
AGED 27 YEARS, SON OF SASI,
RESIDING AT CHEKKALAKONATHU VEEDU PANAVILAKAM
KALLAYAM VATTAPPARA PART THIRUVANANTHAPURAM,
PIN - 695043
BY ADV SRI.M.R.SARIN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
2 STATION HOUSE OFFICER,
VATTAPARA POLICE STATION, THIRUVANANTHAPURAM,
PIN - 695028
BY ADV.
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 508 OF 2026
2
2026:KER:9699
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 accused No.4 in
Crime No.6/2026 of Vattappara Police Station,
Thiruvananthapuram District. The offences alleged are
punishable under Sections 296(b), 126(2), 115(2), 118(1)
and 118(2) read with Section 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that due
to prior enmity, on 04.01.2026 at about 12.30 a.m. at the
concrete road near Kuravankonam Junction, accused Nos.
1 to 4, acting in furtherance of their common intention,
assaulted the defacto complainant. The accused No.1
struck him on the face with an iron rod, causing him to fall
down. The accused No.2 sat on him and assaulted him,
while accused Nos. 2 and 3 restrained and assaulted him
by punching and kicking. The accused No.1 again struck
him with the iron rod, causing a fracture of the nasal bone BAIL APPL. NO. 508 OF 2026
2026:KER:9699
and thereby committed the above offences.
4. I have heard Sri. M.R.Sarin, the learned
counsel for the applicant and Smt. Sreeja.V, 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. I went through the FIS. No serious overt
act has been alleged against the applicant. The main
allegation is against the accused No.1. It was the accused
No.1, who has used the weapon. There is no allegation
that the applicant has used any weapon. The applicant has
no criminal antecedents. Considering the allegations made BAIL APPL. NO. 508 OF 2026
2026:KER:9699
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.
BAIL APPL. NO. 508 OF 2026
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(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 ARK BAIL APPL. NO. 508 OF 2026
2026:KER:9699
APPENDIX OF BAIL APPL. NO. 508 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.6/2026 OF VATTAPPARA POLICE STATION, THIRUVANANTHAPURAM DATED 04.01.2026
ANNEXURE A2 THE TRUE COPY OF THE ORDER IN B.A NO 57/2026 ON THE FILES OF COURT OF SESSIONS JUDGE THIRUVANANTHAPURAM DATED 14.1.2026
ANNEXURE A3 A COPY OF THE WEDDING INVITATION CARD
ANNEXURE A4 THE TRUE COPY OF THE REMAND REPORT DATED 04.01.2026
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