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Kerala High Court
Balan @ R.Balachandran vs State Of Kerala on 19 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:15179
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. 726 OF 2026
CRIME NO.1173/2025 OF PEERUMEDU POLICE STATION, IDUKKI
AGAINST THE ORDER DATED 19.01.2026 IN BA NO.11 OF 2026 OF DISTRICT
COURT & SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,
THODUPUZHA
PETITIONER/ACCUSED:
BALAN @ R.BALACHANDRAN,
AGED 57 YEARS, S/O RAGHAVAN NAIR,
AMBADIYIL HOUSE, AMBALAM BHAGAM, PEERMADE KARA,
PEERMADE VILLAGE, IDUKKI, PIN - 685531
BY ADVS.
SRI.T.A.UNNIKRISHNAN
SHRI,ARJUN VARMA
SMT.T. SREELAKSHMI UNNIKRISHNAN
SHRI.ROHITH R.
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BY ADV.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 726 OF 2026
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2026:KER:15179
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 sole accused in Crime
No.1173/2025 of Peermade Police Station, Idukki District.
The offences alleged are punishable under Section 3 read
with 25(1)(a) of the Arms Act, 1959, Section 9B(1)(b) of
the Explosives Act, 1884 and Section 288 of the Bharatiya
Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
24.12.2025 at about 11:00 p.m., the applicant, without
possessing any valid license or lawful authority and with
the intention and preparation to hunt wild animals, was
found in possession of one big country-made gun, one
small loaded gun, 88 lead pellets, three lead pieces, gun
powder and other articles at his residence at Ambadi
House, Peerumedu Kara in Peerumedu Village, within the
jurisdiction of Murinjapuzha Forest Station, Erumeli Range,
Kottayam Forest Division, whereupon he was arrested by
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the Erumeli Range Forest Officer, a case was registered as
O.R. No.8/2025 of Murinjapuzha Forest Station, and the
seized firearms and ammunition were taken into custody
and produced a report before the Peerumedu Police
Station, which thereafter registered a case against the
applicant and thereby committed the alleged offences.
4. I have heard Sri. T.A.Unnikrishnan, the
learned counsel for the applicant and Sri. K.A.Noushad, 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 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 was arrested and remanded
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in O.R. No.8/2025 of Murinjapuzha Forest Station. He was
released on bail after 12 days. The recovery has already
been effected. 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 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
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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 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
ARK
BAIL APPL. NO. 726 OF 2026
2026:KER:15179
APPENDIX OF BAIL APPL. NO. 726 OF 2026
PETITIONER ANNEXURES
ANNEXURE I TRUE COPY OF THE ORDER IN C.M.P.NO.2025/2025
OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-
I PEERMADE DATED 6/1/2026
ANNEXURE II TRUE COPY OF THE ORDER IN B.A.NO.11/2026 OF
THE SESSIONS COURT THODUPUZHA DATED 19/1/2026
