Sreeraj Venu vs State Of Kerala
2026 Latest Caselaw 1462 Ker

Kerala High Court

Sreeraj Venu vs State Of Kerala on 11 February, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

B.A.Nos. 563, 564,
577 and 608 of 2026
                                 ..1..

                                                   2026:KER:12585


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA, 1947

                      BAIL APPL. NO. 563 OF 2026

   CRIME NO.10/2026 OF PANANGAD POLICE STATION, ERNAKULAM

  AGAINST THE ORDER DATED 21.01.2026 IN BA NO.38 OF 2026 OF
                  SESSIONS COURT, ERNAKULAM
PETITIONER/ACCUSED NO.2:
          ATHUL THOMAS,
          AGED 29 YEARS
          S/O THOMAS, CHENNAPPILLIL HOUSE,
          CHEPPANAM, PANANGAD P.O,
          ERNAKULAM, PIN - 682506
          BY ADVS.
          SRI.K.K.DHEERENDRAKRISHNAN
          SMT.N.P.ASHA
          SHRI.SARATH K.P.
RESPONDENT/STATE:
    1     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031
    2     STATION HOUSE OFFICER,
          PANANGAD POLICE STATION,
          ERNAKULAM,(CRIME NO. 10/2026 OF
          PANANGAD POLICE STATION,
          ERNAKULAM), PIN - 682506
          SRI.M.C. ASHI, SR. PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.02.2026, ALONG WITH Bail Appl..564/2026, 577/2026 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.Nos. 563, 564,
577 and 608 of 2026
                                 ..2..

                                                   2026:KER:12585


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA, 1947

                      BAIL APPL. NO. 564 OF 2026

   CRIME NO.10/2026 OF PANANGAD POLICE STATION, ERNAKULAM

  AGAINST THE ORDER DATED 21.01.2026 IN BA NO.38 OF 2026 OF
                  SESSIONS COURT, ERNAKULAM

PETITIONERS/ACCUSED NOS. 1, 5 AND 6:

    1     AMAL SUKUMARAN,
          AGED 28 YEARS, S/O SUKUMARAN,
          THUNGIYIL HOUSE CHEPPANAM,
          PANANGAD P.O,
          ERNAKULAM, PIN - 682506
    2     RINU VARGHESE,
          AGED 29 YEARS, S/O VARGHESE,
          POTTAMTHAZHATHU HOUSE, MLA ROAD,
          PANANGAD P.O, ERNAKULAM, PIN - 682506
    3     ARUN SURESH,
          AGED 29 YEARS, S/O SURESH,
          KODAGANEZTH HOUSE, CHEPPANAM,
          PANAGAD P.O, ERNAKULAM, PIN - 682506
          BY ADVS.
          SRI.K.K.DHEERENDRAKRISHNAN
          SMT.N.P.ASHA
          SHRI.SARATH K.P.
RESPONDENTS/STATE:

    1     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031
 B.A.Nos. 563, 564,
577 and 608 of 2026
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                                              2026:KER:12585


    2     STATION HOUSE OFFICER,
          PANANGAD POLICE STATION,
          ERNAKULAM(CRIME NO. 10/2026
          OF PANANGAD POLICE STATION,
          ERNAKULAM), PIN - 682506
          SRI.M.C. ASHI, SR. PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.02.2026, ALONG WITH Bail Appl..563/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.Nos. 563, 564,
577 and 608 of 2026
                                 ..4..

                                                   2026:KER:12585


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA, 1947

                      BAIL APPL. NO. 577 OF 2026

   CRIME NO.10/2026 OF PANANGAD POLICE STATION, ERNAKULAM

PETITIONERS/ACCUSED NO.3:

    1     SUJITH BENCY
          AGED 29 YEARS, S/O BENCY K D,
          KATTATHARA, CHEPPANAM,
          KUMBALAM, ERNAKULAM,
          PANANGAD, KERALA, PIN - 682506
    2     AMRITHA THAMBY
          AGED 28 YEARS, D/O K K THAMBY,
          KAREETHARA HOUSE, KOCHI
          M.G ROAD S.O, ERNAKULAM, PIN - 682504

          BY ADVS.
          SHRI.JERRY MATHEW
          SHRI.LLOYD JOHN
          SMT.DEVIKA K.R.
          SHRI.REGHU SREEDHARAN
RESPONDENT/COMPLAINANT:

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

          SRI.K.A. NOUSHAD, SR. PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.02.2026, ALONG WITH Bail Appl..563/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.Nos. 563, 564,
577 and 608 of 2026
                                 ..5..

                                                   2026:KER:12585


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA, 1947

                      BAIL APPL. NO. 608 OF 2026

   CRIME NO.10/2026 OF PANANGAD POLICE STATION, ERNAKULAM

PETITIONER/ACCUSED NO.9:

          SREERAJ VENU
          AGED 27 YEARS, S/O. P.K.VENU,
          POOPADIYIL HOUSE, PANAGAD P.O.,
          ERNAKULAM, PIN - 682506

          BY ADV SHRI.GEORGE SEBASTIAN
RESPONDENT/COMPLAINANT:

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

          SMT.SREEJA V., SR. PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.02.2026, ALONG WITH Bail Appl..563/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.Nos. 563, 564,
577 and 608 of 2026
                              ..6..

                                                     2026:KER:12585


                         ORDER

These four bail applications are connected and hence

they are disposed of by a common order. They are filed under

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023

(for short, BNSS), seeking pre-arrest bail.

2. All these bail applications pertain to Crime No.10 of

2026 of Panangad Police Station, Ernakulam District. Accused

Nos. 1, 5 and 6 are the applicants in B.A.No.564 of 2026,

accused No.2 is the applicant in B.A.No.563 of 2026, accused

Nos. 3 and 4 are the applicants in B.A.No.577 of 2026 and

accused No.9 is the applicant in B.A.No.608 of 2026.

3. The offences alleged are punishable under Sections

115(2), 118(1), 126(2), 296(b), 329(4) and 333 of the

Bharatiya Nyaya Sanhita, 2023.

4. The prosecution case, in short, is that the

applicants along with other accused persons inflicted bodily

injury to the defacto complainant, criminally trespassed into B.A.Nos. 563, 564, 577 and 608 of 2026 ..7..

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his house and brought the defacto complainant out of his

house. Further he was assaulted using a stone covered with a

cloth. His parents intervened and the other accused persons

pushed them down and kicked them. Accused Nos. 2 to 10

also assaulted the defacto complainant and thereby

committed the offences.

5. I have heard the learned counsel for the applicants

and the learned Senior Public Prosecutors. Perused the case

diary.

6. 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 Senior Public Prosecutors, 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 B.A.Nos. 563, 564, 577 and 608 of 2026 ..8..

2026:KER:12585

investigation.

7. I went through the FI statement. Clear overt act

has been alleged against accused Nos.1 to 5. They trespassed

into the house of the defacto complainant and assaulted him

with a weapon. However, accused No.6, who is the applicant

No.3 in B.A.No. 564 of 2026 and accused No.9, who is the

applicant in B.A.No. 608 of 2026 are not named in the FI

Statement. Hence, I am of the view that they can be granted

anticipatory bail. That apart, accused No.4, who is the

applicant No.2 in B.A.No.577 of 2026, is a lady and there is

allegation that she was molested by the defacto complainant.

Hence, I am of the view that she can also be granted

anticipatory bail.

8. However, considering the allegations levelled

against the remaining accused, their custodial interrogation is

necessary and they cannot be released on anticipatory bail.

The learned counsel for accused Nos.1 to 3 and 5 submitted

that accused Nos.1 to 3 and 5 are prepared to surrender B.A.Nos. 563, 564, 577 and 608 of 2026 ..9..

2026:KER:12585

before the investigating officer.

In the result, accused Nos.4, 6 and 9 are released on

bail on the following conditions:-

(i) The accused Nos.4, 6 and 9 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 accused Nos.4, 6 and 9 shall fully cooperate

with the investigation, including subjecting themselves to the

deemed police custody for discovery, if any, as and when

demanded.

(iii) The accused Nos.4, 6 and 9 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 accused Nos.4, 6 and 9 shall not commit any

offence of a like nature while on bail.

B.A.Nos. 563, 564, 577 and 608 of 2026 ..10..

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(v) The accused Nos.4, 6 and 9 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 accused Nos.4, 6 and 9 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.

(viii) If accused Nos.1 to 3 and 5 surrender before the

investigating officer within one week from today, the

investigating officer shall interrogate them and after

interrogation if the investigating officer forms an opinion that

they are to be arrested, the investigating officer shall record

their arrest and produce them before the jurisdictional

Magistrate. The bail application, if any, moved by them shall B.A.Nos. 563, 564, 577 and 608 of 2026 ..11..

2026:KER:12585

be disposed of by the learned Magistrate, in accordance with

law, as far as possible on the same day itself. A copy of the

bail application shall be given to the learned Public Prosecutor

in advance.

Accordingly, B.A.No.563 of 2026 is dismissed,

B.A.Nos.564 and 577 of 2026 are allowed in part and

B.A.No.608 of 2026 is allowed.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE APA B.A.Nos. 563, 564, 577 and 608 of 2026 ..12..

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APPENDIX OF BAIL APPL. NO. 563 OF 2026

PETITIONER ANNEXURES

ANNEXURE-1 A COPY OF THE FIR IN CRIME NO. 10/2026 OF PANANGAD POLICE STATION, ERNAKULAM DISTRICT ANNEXURE-2 A TRUE COPY OF THE COMPLAINT FILED BY AMRITHA AND ITS RECEIPT ANNEXURE-3 A TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER DATED 05.01.2026 ANNEXURE-4 A TRUE COPY OF THE MEDICAL RECORDS OF AMRITHA (4TH ACCUSED) AND HER HUSBAND (3RD ACCUSED) DATED 05.01.2026 ANNEXURE-5 A TRUE COPY OF THE ORDER DATED 21.01.2026 IN BA NO 38/2026 PASSED BY THE COURT OF SESSIONS, ERNAKULAM B.A.Nos. 563, 564, 577 and 608 of 2026 ..13..

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APPENDIX OF BAIL APPL. NO. 564 OF 2026

PETITIONER ANNEXURES

ANNEXURE-1 A COPY OF THE FIR IN CRIME NO. 10/2026 OF PANANGAD POLICE STATION, ERNAKULAM DISTRICT ANNEXURE-2 A TRUE COPY OF THE COMPLAINT FILED BY AMRITHA AND ITS RECEIPT ANNEXURE-3 A TRUE COPY OF THE MEDICAL RECORDS OF 2ND ACCUSED DATED 05.01.2026 ANNEXURE-4 A TRUE COPY OF THE MEDICAL RECORDS OF AMRITHA (4TH ACCUSED) AND HER HUSBAND (3RD ACCUSED) DATED 05.01.2026 ANNEXURE-5 A TRUE COPY OF THE ORDER DATED 21.01.2026 IN BA NO 38/2026 PASSED BY THE COURT OF SESSIONS, ERNAKULAM B.A.Nos. 563, 564, 577 and 608 of 2026 ..14..

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APPENDIX OF BAIL APPL. NO. 577 OF 2026

PETITIONER ANNEXURES

ANNEXURE 1 A TRUE COPY OF FIR IN CRIME NO. 10/2026 OF PANANGAD POLICE STATION ANNEXURE 2 A TRUE COPY OF THE ORDER DATED 21.01.2026 IN BA NO.38/2026 OF THE DISTRICT AND SESSIONS COURT, ERNAKULAM ANNEXURE 3 A TRUE COPY OF THE EMERGENCY DEPARTMENT REGISTRATION CARD DATED 05/01/2026 ANNEXURE 4 A TRUE COPY OF THE POSTAL RECEIPT DATED 05/01/2026 ANNEXURE 5 A TRUE COPY OF THE RECEIPT OF ACKNOWLEDGEMENT AND THE COMPLAINT B.A.Nos. 563, 564, 577 and 608 of 2026 ..15..

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APPENDIX OF BAIL APPL. NO. 608 OF 2026

PETITIONER ANNEXURES

ANNEXURE A A TRUE COPY FIR DATED 05.01.2026 IN CRIME NO.

10/2026 IN PANAGAD POLICE STATION ANNEXURE B A TRUE COPY OF THE ORDER DATED 27.01.2026 IN B.A. NO. 49 OF 2026 PASSED BY THE COURT OF SESSIONS, ERNAKULAM DIVISION