Raju vs State Of Kerala
2026 Latest Caselaw 1467 Ker

Kerala High Court

Raju vs State Of Kerala on 11 February, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                              2026:KER:12696

              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. 14199 OF 2025

      CRIME NO.1725/2025 OF KOTTIYAM POLICE STATION, KOLLAM


PETITIONER/1ST ACCUSED:

            RAJU
            AGED 48 YEARS
            S/O SADANANDHAN, RAHUL BHAVANAM, A.P JUNCTION,
            KIZHAVOOR, MUKHATHALA P.O., THRIKKOVILVATTAM, KOLLAM
            DISTRICT, PIN- 691577.


            BY ADVS.
            SRI.M.KIRANLAL
            SRI.MANU RAMACHANDRAN
            SRI.R.RAJESH (VARKALA)
            SRI.T.S.SARATH
            SHRI.SAMEER M NAIR
            SMT.SAILAKSHMI MENON
            SMT. AASHI K. SHAJAN
            SHRI.HARISANKAR R
            SHRI.SABIKH MOHAMMED V.S



RESPONDENT/COMPLAINANT:

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


            SMT.SREEJA V., SR. PUBLIC PROSECUTOR


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
11.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.14199 of 2025
                                      -2-


                                                          2026:KER:12696



                                 ORDER

This application is filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-

arrest bail.

2. The applicant is the accused No.1 in Crime

No.1725/2025 of Kottiyam Police Station, Kollam District. The

offences alleged are punishable under Sections 126(2), 296(b),

115(2), 118(1) and 110 read with 3(5) of the Bharatiya Nyaya

Sanhita (BNS), 2023.

3. The prosecution case, in short, is that on 13.10.2025

at about 7:30 p.m., the applicant, in concert with the

co-accused, wrongfully restrained the complainant, subjected

him to verbal abuse, and the applicant assaulted him with fists,

thereby causing him to fall. It is further alleged that the

accused No.2 thereafter assaulted and inflicted a stab injury on

the complainant's thigh with a knife allegedly handed over by

the accused No.3 and thereby committed the offences.

4. I have heard Sri.Kiran Lal M., the learned counsel for

the applicant and Smt.Sreeja V., the learned Senior Public

Prosecutor. Perused the case diary.

2026:KER:12696

5. The learned counsel for the applicant submitted that

the applicant is innocent and has been falsely implicated in the

above crime. The counsel further submitted that no materials

are on record to connect the applicant with the alleged crime;

hence, he is entitled to bail. The learned Senior Public

Prosecutor, on the other hand, submitted that the alleged

incident occurred as part of the applicant's intentional criminal

acts, and if he is released on bail at this stage, it will affect the

course of the investigation.

6. Annexure-2 would show that in respect of the very

same incident, a counter case has been registered against the

defacto complainant at the instance of the applicant.

Annexure-3 wound certificate would show that the applicant has

also sustained injury. Thus, in the very same incident, the

applicant as well as the defacto complainant have sustained

injury. Considering the allegations made against the applicant,

his custodial interrogation seems unnecessary. For these

reasons, I find this to be an appropriate case to grant pre-arrest

bail to the applicant.

In the result, the application is allowed on the following

2026:KER:12696

conditions:-

(i) The applicant shall be released on bail in the event of

his arrest 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 arresting officer/investigating officer, as the

case may be.

(ii) The applicant shall fully cooperate with the

investigation, including subjecting himself to the deemed police

custody for discovery, if any, as and when demanded.

(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 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

2026:KER:12696

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.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE SKP

2026:KER:12696

APPENDIX OF BAIL APPL. NO. 14199 OF 2025

PETITIONER'S ANNEXURES:

Annexure-1 THE TRUE COPY OF THE FIR DATED 14.10.2025 IN CRIME NO. 1725/2025 OF THE KOTTIYAM POLICE STATION, KOLLAM DISTRICT Annexure-2 THE TRUE COPY OF THE FIR DATED 14.10.2025 IN CRIME NO. 1724/2025 OF KOTTIYAM POLICE STATION Annexure-3 THE TRUE COPY OF THE WOUND CERTIFICATE DATED 13.10.2025 ISSUED BY THE HOLY CROSS HOSPITAL, KOTTIYAM, KOLLAM DISTRICT Annexure-4 THE TRUE COPY OF THE MEDICAL RECORDS ISSUED BY THE MEDICAL COLLEGE, THIRUVANANTHAPURAM Annexure-5 THE TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE TALUK HOSPITAL, KOTTARAKKARA Annexure-6 THE TRUE COPY OF THE ORDER DATED 17.11.2025 IN CRL.MC NO. 2905/2025 OF THE HONORABLE PRINCIPLE SESSIONS COURT, KOLLAM

RESPONDENTS' ANNEXURES: NIL

TRUE COPY

P.A. TO JUDGE