Sanju vs State Of Kerala
2026 Latest Caselaw 1390 Ker

Kerala High Court

Sanju vs State Of Kerala on 10 February, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                              2026:KER:12109


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

            THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

      TUESDAY, THE 10TH DAY OF FEBRUARY 2026/21ST MAGHA, 1947

                       BAIL APPL. NO. 678 OF 2026

       CRIME NO.1361/2025 OF MALA POLICE STATION, THRISSUR

 AGAINST THE ORDER IN BA NO.20 OF 2026 OF JUDICIAL MAGISTRATE OF

                       FIRST CLASS - I, CHALAKUDY

PETITIONER/ACCUSED NO.3:

            SANJU
            AGED 28 YEARS, S/O SHAJI,
            VADAKKAL HOUSE, MELADOOR DESOM, ALATHUR VILLAGE,
            PIN - 678541

            BY ADVS.
            SHRI.JERRY MATHEW
            SMT.DEVIKA K.R.
            SMT.SANTRA ANIX KALLUZHATHIL




RESPONDENT/STATE:

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM,
            PIN - 682031

            BY ADV.
            SMT.SREEJA V., SR. PP


     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
10.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 678 OF 2026
                                        2
                                                              2026:KER:12109


                                     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 accused No.3 in

Crime No.1361/2025 of Mala Police Station, Thrissur

District. The offences alleged are punishable under

Sections 126(2), 115(2), 118(1), 333, 324(4) and 110

read with Section 3(5) of the Bharatiya Nyaya Sanhita,

2023.

3. The prosecution case, in short, is that, on

28.12.2025, at 07.00 pm, the applicant along with other

accused persons in furtherance of their common intention,

due to the enmity towards the first informant, accused

No.2 caught on the neck of Sri. Dhaneesh who is the

relative of the first informant and accused No.1 fisted him

and accused Nos.2 and 3 hit him on his body. Thereafter,

accused Nos.1 to 4 wrongfully restrained the first informant

and attacked him. When the first informant escaped from

the attack of the accused and reached at the house of Sri. BAIL APPL. NO. 678 OF 2026

2026:KER:12109

Lakshmanan, at Athikkadavu who is the relative of the first

informant, the accused Nos.1 to 4 trespassed into the sit

out of his house and accused Nos.2 to 5 attacked him. It is

further alleged that the accused No.1 hit on the head of the

first informant with a granite stone and thereby sustained

injuries on his head. If the attack of the accused by using

granite stone had shifted slightly, it would have hit on his

head and would have caused death. Thus, the accused is

alleged to have committed the aforementioned offences.

4. I have heard Sri. Jerry Mathew, 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 present case. The counsel further

submitted 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 BAIL APPL. NO. 678 OF 2026

2026:KER:12109

he is not entitled to bail at this stage.

6. The applicant was remanded to judicial

custody on 29.12.2025. The investigation is almost over. I

went through the FIS. No serious overt act has been

alleged against the applicant. He did not use any weapon

also. He has no criminal antecedents. 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.

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 between 10.00 a.m and 11.00 a.m.

every Saturday until further orders. He shall also appear BAIL APPL. NO. 678 OF 2026

2026:KER:12109

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 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 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 ARK BAIL APPL. NO. 678 OF 2026

2026:KER:12109

APPENDIX OF BAIL APPL. NO. 678 OF 2026

PETITIONER ANNEXURES

ANNEXURE 1 A TRUE COPY OF THE FIR AND FIS IN CRIME NO.

1361/2025 OF THE MALA POLICE STATION, THRISSUR DATED 29.12.2025

ANNEXURE 2 A TRUE COPY OF THE ORDER IN BA 20/2026 DATED 20.01.2026