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Kerala High Court
K K Rajesh vs State Of Kerala on 6 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:10606
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. 14007 OF 2025
CRIME NO.1249/2025 OF KALADY POLICE STATION, ERNAKULAM
AGAINST THE ORDER IN CRMC NO.2895 OF 2025 OF DISTRICT COURT &
SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY, ERNAKULAM
PETITIONERS/ ACCUSED NOS.2 TO 4:
1 K K RAJESH
AGED 42 YEARS
S/O. KUTTAPPAN, KARIKKAL HOUSE,
PARAPPURAM P.O., PARAPPURAM,
ERNAKULAM, PIN - 683575
2 NANDHAKUMAR G
AGED 39 YEARS
S/O GOPALAKRISHNAN NAIR, KRISHNAN MANDIRAM,
VENPAKAL P.O., NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695123
3 NANDU SHAJI
AGED 25 YEARS
AMBOPPILLY HOUSE, YORDHANAPURAM P.O.,
MATTOOR VILLAGE, ALUVA TALUK,
ERNAKULAM, PIN - 683574
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SMT.DIPA V.
SHRI.AKASH CHERIAN THOMAS
2026:KER:10606
BAIL APPL. NO. 14007 OF 2025
2
SHRI.AZAD SUNIL
SMT.AKSHARA S.
SHRI.T.P.ARAVIND
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KALADY POLICE STATION, ERNAKULAM
(CRIME NO 1249/2025 OF KALADY POLICE STATION,
ERNAKULAM DISTRICT),
PIN - 683574
BY SRI. K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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BAIL APPL. NO. 14007 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 the accused Nos. 2 to 4 in
Crime No.1249/2025 of Kalady Police Station, Ernakulam District.
The offences alleged are punishable under Sections 189(2), 191(2),
190, 115(2), 118(1), 117(2) and 118(2) of the Bharatiya Nyaya
Sanhita (BNS), 2023.
3. The prosecution case, in short, is that on
24.08.2025, at about 9:30 p.m., the applicant Nos. 2 to 4, along
with the other accused, formed an unlawful assembly at
Kaippattoor Junction and, in furtherance of the common object of
the assembly, they have committed rioting and attacked the de
facto complainant and his friends. Accused No.1 assaulted a friend
of the de facto complainant, and when the de facto complainant
questioned the same, accused No.1 inflicted an injury on his head
with a weapon, as a result of which the de facto complainant
sustained grievous injuries, including a fracture and thereby
committed the offences.
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BAIL APPL. NO. 14007 OF 2025
4. I have heard Sri. S. Rajeev, the learned counsel
for the applicants and Sri. K.A. Noushad, the learned Senior Public
Prosecutor. 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 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. I went through the First Information Statement. It is
true that the de facto complainant has sustained fracture in the
incident. However, it was the accused No. 1, who assaulted the de
facto complainant, causing fracture. No serious overt act has been
alleged against the applicants. They have not used any weapon.
The recovery has already been affected. 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.
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BAIL APPL. NO. 14007 OF 2025
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 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
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BAIL APPL. NO. 14007 OF 2025
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
SPV
2026:KER:10606
BAIL APPL. NO. 14007 OF 2025
APPENDIX OF BAIL APPL. NO. 14007 OF 2025
PETITIONER'S ANNEXURES
ANNEXURE I AN ACCUSED COPY OF THE FIR IN CRIME NO
1249/2025 OF KALADY POLICE STATION,
ERNAKULAM
ANNEXURE II A TRUE COPY OF THE ORDER IN CRL MC NO
8613/2025 DATED 17.10.2025
ANNEXURE III A TRUE COPY OF THE COMMON ORDER DATED
04.11.2025 IN CRL MC NO 2991/2025
RESPONDENTS' ANNEXURES: NIL
//TRUE COPY//
PA TO JUDGE
