[Cites 0, Cited by 0]
Kerala High Court
Roopesh vs State Of Kerala on 19 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:14962
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. 13404 OF 2025
CRIME NO.702/2025 OF OTTAPALAM POLICE STATION, PALAKKAD
AGAINST THE ORDER DATED IN CRMC NO.4678 OF 2025 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, PALAKKAD / IV
ADDITIONAL MACT, PALAKKAD
PETITIONER:
1 ROOPESH,
AGED 46 YEARS
LATE SANKARAN, PARAPPALLATH HOUSE, PERUR (P.O.),
LEKKIDI PERUR, OTTAPPALAM, PALAKKAD, PIN - 679302
BY ADVS.
SRI.R.KRISHNA RAJ
SRI.R.PRATHEESH (ARANMULA)
SMT.E.S.SONI
SHRI.ARUN RAJ
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
OTTAPALAM POLICE STATION, OTTAPALAM, PALAKKAD, PIN -
679101
SRI.M.C. ASHI, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.13404 of 2025
-2-
2026:KER:14962
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 in Crime No.702/2025
of Ottapalam Police Station, Palakkad District. The offences
alleged are punishable under Sections 192 and 353(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
24.03.2025, while the police was conducting social media
patrolling, it was found that the applicant posted a
provocative comment from his facebook ID, which could
cause a riot in the society and thereby committed the
offences.
4. I have heard Sri.Krishna Raj, the learned counsel
for the applicant and Sri. M.C.Ashi, the learned Senior Public
Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted
2026:KER:14962
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. The applicant has sworn in an affidavit stating that
the when the Police contacted him and informed about the
criminal nature of the comment, he deleted the comment and
subsequently, he deleted his facebook account itself on
07.04.2025. In the circumstances, I am of the view that the
custodial interrogation of the applicant is not necessary.
Moreover, the applicant has no criminal antecedents. 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:-
2026:KER:14962
(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.
2026:KER:14962
(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
SKP JUDGE
2026:KER:14962
APPENDIX OF BAIL APPL. NO. 13404 OF 2025
PETITIONER'S ANNEXURES:
Annexure A- 1 TRUE COPY OF THE FIR NO. 702/2025 OF
OTTAPALAM POLICE STATION DATED 04.08.2025
Annexure A- 2 TRUE COPY OF THE ORDER OF THE SESSIONS
COURT, PALAKKAD IN CRIMINAL MISCELLANEOUS
CASE NO. 4678/2025 DATED 15.10.2025
Annexure A-3 TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT DATED 06.10.2019 IS PRODUCED AND
MARKED AS ANNEXURE A-3
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
