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Kerala High Court
Akshay B.S vs State Of Kerala on 6 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:10788
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947
BAIL APPL. NO. 533 OF 2026
CRIME NO.905/2025 OF THENHIPALAM POLICE STATION, MALAPPURAM
AGAINST THE ORDER DATED IN CRMC NO.1308 OF 2025 OF DISTRICT
COURT& SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY, MANJERI
PETITIONERS/ACCUSED 2 & 4:
1 AKSHAY B.S
AGED 21 YEARS
S/O BAIJU B.S, THOLENCHERITHAZHAM, CHELANNUR P.O.,
KANNANKARA, KOZHIKKODE., PIN - 673616
2 ABHINAND M
AGED 25 YEARS
S/O JAYARANI, JAYANIVAS, PAYAM P.O., KANNUR DISTRICT.,
PIN - 670704
BY ADV SHRI.VIVEK.P.K
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
*2 HARIKRISHNA S R
THATTARUKUZHIYIL USHASADANAM, CHEEKILODE, NANMANDA,
CHEEKILODE, KOZHIKODE, PIN - 673 315
*ADDITIONAL 2ND RESPONDENT IS IMPLEADED VIDE ORDER
DATED 06.02.2026 IN CRL.M.A. NO.1 OF 2026
BY ADVS.
SRI.M.C. ASHI, SR. PUBLIC PROSECUTOR
SHRI.SIDHARTH O. FOR R2
SHRI.SUSANTH SHAJI
B.A.No.533 of 2026
-2-
2026:KER:10788
SHRI.ALBIN A. JOSEPH
SMT.NEKHA VARGHESE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.533 of 2026
-3-
2026:KER:10788
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 the accused Nos.2 and 4 in Crime
No.905/2025 of Tenhippalam Police Station, Malappuram District.
The offences alleged are punishable under Sections 191(2),
126(2), 115(2), 118(1), 110, 351(2) and 190 of the Bharatiya
Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 04.11.2025,
at Calicut University Campus, the applicants along with the other
accused, trespassed into the defacto complainant's hostel room
and accused No.3 attacked the defacto complainant by using an
iron rod, caused injuries to him and thereby committed the
offences.
4. I have heard Sri.Vivek P.K., the learned counsel for the
applicants, Sri.Sidharth O., learned counsel for the additional
respondent No.2 and Sri. M.C.Ashi, the learned Senior Public
Prosecutor. Perused the case diary.
5. The learned counsel for the applicants submitted that
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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, 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.
6. The applicants are students. It is true that they along
with the remaining accused caught hold of the defacto
complainant. However, the injury was inflicted by accused No.3,
who was already arrested. There is no allegation that the
applicants have used any weapon. Considering the allegations
made against the applicants, their custodial interrogation seems
unnecessary. For these reasons, I find this to be an appropriate
case to grant pre-arrest bail to the applicants.
In the result, the application is allowed on the following
conditions:-
(i) The applicants 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 sum each to
the satisfaction of the arresting officer/investigating officer, as the
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case may be.
(ii) The applicants 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 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 shall not commit any offence of a like
nature while on bail.
(v) The applicants 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 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
SKP
JUDGE
2026:KER:10788
APPENDIX OF BAIL APPL. NO. 533 OF 2026
PETITIONERS' ANNEXURES:
Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO. 905
OF 2025 OF THENHIPPALAM POLICE STATION
Annexure A2 THE TRUE COPY OF THE ORDER DATED 17.12.2025
BY THE DISTRICT AND SESSIONS COURT MANJERI
IN CRL.M.C. NO. 1308 OF 2025
Annexure A3 THE TRUE COPY OF THE JUDGMENT DATED
19.01.2026 IN B.A. NO. 14838 OF 2025 BY
THIS HON'BLE COURT
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
