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Kerala High Court
Binoy. B vs State Of Kerala on 10 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:11779
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. 712 OF 2026
CRIME NO.1479/2025 OF VADAKKANCHERRY POLICE STATION,
PALAKKAD
AGAINST THE ORDER DATED 28.01.2026 IN BA NO.57 OF 2026
OF DISTRICT COURT & SESSIONS COURT, PALAKKAD
PETITIONERS/ACCUSED NOS.2 & 7:
1 BINOY. B
AGED 20 YEARS, S/O BIJU, KOLAYAKKAD, MANJAPRA,
KANNAMBRA, ALATHUR TALUK, PALAKKAD, PIN - 678685
2 NIKHIL. G
AGED 23 YEARS, S/O GANESHAN, KOLAYAKKAD, MANJAPRA,
KANNAMBRA, ALATHUR TALUK, PALAKKAD, PIN - 678685
SRI.GODWIN JOSEPH
SRI.NIDHIN A.S.
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, THROUGH STATION HOUSE
OFFICER, VADAKKANCHERRY POLICE STATION, PALAKKAD
DISTRICT, PIN - 682031
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 712 OF 2026
2
ORDER
This application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, BNSS) seeking regular
bail.
2. The applicants are the accused Nos.2 and 7 in Crime
No.1479/2025 of Vadakkancherry Police Station, Palakkad District.
The offences alleged are punishable under Sections 189(2),
191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 324(4) and 324(5)
read with Section 190 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the defacto
complainant and his family members warned the accused No. 1,
who was in love with the defacto complainant's aunt's
granddaughter. Infuriated by this, on 27.12.2025 at 9:45 p.m. at
Nattukal, Manjapra, accused Nos.1 to 7, along with 25 other
identifiable persons, in prosecution of their common object to
commit rioting, formed themselves into an unlawful assembly with
the knowledge that they were the members of such assembly.
While the defacto complainant and his relatives were returning
home after Manjapra Arattu festival, accused No.2 caught hold of
the defacto complainant's shirt collar and wrongly restrained him,
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BAIL APPL. NO. 712 OF 2026
while accused No.1 voluntarily caused hurt to him by hitting him
with a stone tied with cloth. When the defacto complainant fell
down, accused No.1 kicked him. When CW2 attempted to prevent
the same, accused No.1 hit the right ear of CW2 with the cloth-
tied stone, resulting in a fracture of his right eardrum. Accused
Nos.3 to 6 fisted and kicked the defacto complainant. When the
brother and wife of the defacto complainant intervened, accused
Nos.3 and 4 hit him on his back, while accused Nos.6 and 7 fisted
other family members. Further, when accused No.1 pulled back
the defacto complainant's shirt collar, both of them fell into the
paddy field. The defacto complainant's gold chain, weighing about
1.5 sovereigns, was lost in the incident.
4. I have heard Sri.Godwin Joseph, the learned counsel for
the applicants and Sri.M.C.Ashi, 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 present case. The counsel further submitted that no materials
are on record to connect the applicants with the alleged crime;
hence, they are entitled to bail. On the other hand, the learned
Senior Public Prosecutor submitted that the alleged incident
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BAIL APPL. NO. 712 OF 2026
occurred as a part of the intentional criminal acts of the
applicants, and they are not entitled to bail at this stage.
6. The applicants were remanded to judicial custody on
08.01.2026. The investigation is almost over. No serious overt act
has been alleged against the applicants. The applicants have no
criminal antecedents. For these reasons, I do not find any reason
to hold that the continued detention of the applicants is required
for any purpose. Hence, the applicants are entitled to be released
on bail.
In the result, the application is allowed on the following
conditions: -
(i) The applicants shall be released on bail 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
jurisdictional Magistrate/Court.
(ii) The applicants shall fully co-operate with the
investigation.
(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.
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BAIL APPL. NO. 712 OF 2026
(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 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
NP
2026:KER:11779
BAIL APPL. NO. 712 OF 2026
APPENDIX OF BAIL APPL. NO. 712 OF 2026
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR DATED 28.12.2025
IN CRIME NO. 1479/2025 OF VADAKKANCHERRY
POLICE STATION, PALAKKAD DISTRICT
Annexure A2 A TRUE COPY OF THE ORDER DATED
28.01.2026 IN B.A. NO. 57/2026 OF THE
HON'BLE COURT OF THE SESSIONS JUDGE,
PALAKKAD
