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Kerala High Court
Sanjay vs State Of Kerala on 19 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.799/2026
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2026:KER:14966
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
BAIL APPL. NO. 799 OF 2026
CRIME NO.1056/2025 OF Pudunagaram Police Station, Palakkad
PETITIONER/ACCUSED NO.3:
SANJAY, AGED 21 YEARS
S/O.JAYEN, VAKILMADA, THEKKEKAD, NANNIYODE,
CHITTUR, PALAKKAD, PIN - 678534
BY ADV SRI.NIREESH MATHEW
RESPONDENT/COMPLAINANT - STATE:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM,KOCHI, PIN - 682031
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.799/2026
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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.3 in Crime
No.1056/2025 of Pudunagaram Police Station, Palakkad District.
The offences alleged are punishable under Sections 126(2),
118(1), 118(2) and 110 read with Section 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
15.12.2025 at about 1.20 am, the defacto complainant was
informed over phone that his brother Mahesh was being beaten by
the accused at the place called Moopankulam, Kumbalamedu and
he went there and dispersed them. Due to that animosity, the
accused Nos. 1, 2 and the applicant with intention of committing
an offence, the accused No.1 wrongfully restrained the defacto
complainant, beat him with an iron rod on his nose, legs and head
and he sustained injuries. The accused Nos. 2 and the applicant
beat Mahesh, Dhanesh and the defacto complainant with a
wooden stick causing them injuries. When the accused No.1
again tried to hit the defacto complainant on the head with the
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iron rod, had the defacto complainant not evaded, he would have
sustained serious injuries on his head resulting in his death.
4. I have heard Sri. Nireesh 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 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 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. I went through the FIS. As per the version of
the defacto complainant in the FIS, it was the accused No.1 who
hit his nose with an iron rod which caused him nasal fracture. The
allegation against the applicant and the accused No.2 is that they,
with a wooden stick beat him on various parts of the body. But
the wound certificate/treatment certificate do not disclose any
corresponding injury. The accused Nos. 1 and 2 have been
arrested. The recovery has already been effected. Considering
the allegations made against the applicant, his custodial
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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
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.
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(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
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
kp
2026:KER:14966
APPENDIX OF BAIL APPL. NO. 799 OF 2026
PETITIONER ANNEXURES
Annexure 1 TRUE PHOTO COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.1056/2025 OF
PUDUNAGARAM POLICE STATION, PALAKKAD
DISTRICT ALONG WITH F.I STATEMENT DATED
15.12.2025
Annexure 2 TRUE PHOTO COPY OF THE ORDER DATED
29.01.2026 IN B.A.NO.43/2026 PASSED BY
THE COURT OF SESSIONS, PALAKKAD
