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Kerala High Court
Pradeep vs State Of Kerala on 9 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.437 of 2026
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2026:KER:11301
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
BAIL APPL. NO. 437 OF 2026
CRIME NO.55/2026 OF KODUNGALLUR POLICE STATION, THRISSUR
PETITIONER(S)/ACCUSED:
PRADEEP,
AGED 55 YEARS
S/O PRABHAKARAN, PANAPARAMBIL HOUSE,
MADAVANA ATHANI DESOM, ERIYAD VILLAGE,
THRISSUR, KERALA, PIN - 680666
BY ADVS.
SRI.P.K.VARGHESE
SHRI.JERRY MATHEW
SMT.DEVIKA K.R.
SHRI.SIYAD UMMER
SMT.SAWPARNIKA RAJU
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 09.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.437 of 2026
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ORDER
This application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking regular bail.
2. The applicant is the sole accused in Crime
No.55/2026 of Kodungallur Police Station, Thrissur District. The
offences alleged are punishable under Sections 109(1) and
118(1) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
10.01.2026 at around 05:00 a.m., the applicant, who is the
husband of the injured witness and father of the defacto
complainant, allegedly threw chilly powder on the victim and
hacked the back side of the head of the victim using a kitchen
knife citing illicit affairs. Thus, the applicant is alleged to have
committed the aforesaid offences.
4. I have heard Sri. P.K. Varghese, the learned
counsel for the applicant and Sri. K.A. Noushad, 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 present case. The counsel further submitted
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that no materials are on record to connect the applicant with
the alleged crime; hence, he is entitled to bail. On the other
hand, the learned Senior Public Prosecutor submitted that the
alleged incident occurred as a part of the intentional criminal
acts of the applicant, and he is not entitled to bail at this stage.
6. The applicant was remanded to judicial
custody on 10.01.2026. The investigation is almost over. The
victim is the wife of the applicant. Annexure 3 would show that
the applicant is suffering from Chronic Psychosis/Delusional
disorder. For these reasons, I do not find any reason to hold
that the continued detention of the applicant is required for
any purpose. Hence, the applicant is entitled to be released on
bail.
7. Since the applicant is suffering from Chronic
Psychosis/Delusional disorder, on releasing him on bail, he shall
not be allowed to reside along with the victim. Hence, on the
last posting date, I gave a direction to the learned counsel for
the applicant to ascertain with whom he would reside, if he is
released on bail. Accordingly, the brother-in-law of the
applicant has sworn in an affidavit, produced as Annexure-5,
wherein he has undertaken that, upon the applicant being
enlarged on bail, he is willing to accommodate the applicant at
his residence at Ernakulam. He has further undertaken to
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ensure that the applicant receives proper treatment and care.
The victim is residing within the jurisdictional limits of
Kodungallur police station.
In the result, the application is allowed on the
following conditions: -
(i) The applicant shall be released on bail 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 jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the
investigation.
(iii) The applicant shall appear before the
investigating officer as and when required.
(iv) The applicant shall not commit any offence of
a like nature while on bail.
(v) The applicant during the period of bail shall
reside with his brother-in-law, Sri. Renu K.T., who is residing at
Kolapurath House, Ayyampilly P.O., Ernakulam.
(vi) The applicant shall not enter into the
jurisdictional limits of Kodungallur police station where the
victim resides.
(vii) The applicant shall not attempt to contact the
victim or any of the prosecution witnesses, directly or through
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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.
(viii) The applicant shall not leave the State of
Kerala without the permission of the trial Court.
(ix) The application, if any, for deletion/modification of
the 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
Jms
2026:KER:11301
APPENDIX OF BAIL APPL. NO. 437 OF 2026
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FIR IN CR NO. 55 /
2026 BY THE KODUNGALLUR POLICE STATION
DATED 10.01.2026
Annexure 2 THE TRUE COPY OF THE ORDER DATED
14.01.2026 OF HON'BLE JUDICIAL FIRST
CLASS MAGISTRATE, KODUNGALLUR IN CRL
M.P 38 OF 2026
Annexure 3 A TRUE COPY OF THE MEDICINE
PRESCRIPTION ISSUED BY DR. NEERAJ H
(REG NO : 123456) OF APOLLO ADLUX
HOSPITAL, ANGAMALI, DATED 04.11.2024
Annexure 4 A TRUE COPY OF THE MEDICINE
PRESCRIPTION ISSUED BY DR. K.K PRAVEEN
(REG NO : 11427) OF MOTHER HOSPITAL
THRISSUR DATED 19.05.2025
Annexure 5 THE AFFIDAVIT SWORN BY THE
PETITIONER'S BROTHER-IN-LAW DATED
07.02.2026
