Citation : 2026 Latest Caselaw 1737 Ker
Judgement Date : 18 February, 2026
2026:KER:14673
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
BAIL APPL. NO. 836 OF 2026
CRIME NO.8/2026 OF Cheranelloor Police Station, Ernakulam
AGAINST THE ORDER DATED 02.02.2026 IN BA NO.144 OF 2026 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT (VIOLENCE AGAINST WOMEN
& CHILDREN), ERNAKULAM
PETITIONERS/1ST AND 2ND ACCUSED:
1 JAIMON IPE,
AGED 34 YEARS
S/O. M.S. IPE, MADAPPATTU HOUSE, CHERANALOOR,
VISHNUPURAM, ERNAKULAM, PIN - 682034
2 JOMON IPE,
AGED 27 YEARS
S/O. M.S. IPE, MADAPPATTU HOUSE, PAYYAVUR,
CHANDANAKAMPARA P.O, KANNUR DISTRICT, PIN - 670633
BY ADVS.
SRI.I.V.PRAMOD
SMT.AMRUTHA DIWAKAR
SMT.RESMI SAJEEVAN
SMT.AVANI P.S.
RESPONDENT/DEFACTO COMPLAINANT/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA , ERNAKULAM, PIN - 682031
SRI.K.A. NOUSHAD, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.836 of 2026
-2-
2026:KER:14673
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 3 in Crime
No.8/2026 of Cheranelloor Police Station, Ernakulam District.
The offences alleged are punishable under Section 109 read
with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that there was a
dispute regarding the timing of services on the Ernakulam-
Chittoor Road between the employees of the private bus in
which the first informant was the driver and the employees of
another private bus in which accused No.1 and applicant No.2
were working as driver and conductor respectively. Because of
that enmity, on 06.01.2026 at 09.15 pm., applicant No.2 held
the shirt of the friend of the brother of the first informant and
pushed him down. The accused No.1 stabbed Absell, the
brother of the first informant, and Ashwin and Abhijith, his
friends, with a knife. When the first informant tried to prevent
2026:KER:14673
the accused No.1, applicant No.1 beat the first informant on the
head with a wheel spanner, causing a deep injury on his head
and internal bleeding and thereby committed the offences.
4. I have heard Sri.I.V. Pramod, the learned counsel for
the applicants and Sri.K.A.Noushad, 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 Public Prosecutor submitted that the alleged
incident 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
07.01.2026. The investigation is almost over. The recovery has
been effected. 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.
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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.
(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.
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(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 SKP
2026:KER:14673
APPENDIX OF BAIL APPL. NO. 836 OF 2026
PETITIONERS' ANNEXURES:
Annexure A1 A TRUE COPY OF FIR NO.8/2026 OF CHERANALLOR POLICE STATION DATED 07.01.2026 Annexure A2 CERTIFIED COPY OF THE ORDER IN CMP NO.
2/2026 IN CRIME NO.8/2026 OF CHERANALLOOR POLICE STATION, ERNAKULAM DATED 20/1/2026 Annexure A3 A TRUE COPY OF ORDER OF B.A NO.144/2026 BY THE HONOURABLE DISTRICT & SESSIONS COURT, ERNAKULAM DATED 02.02.2026 RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
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