[Cites 1, Cited by 0]
Kerala High Court
Adithyan. S vs State Of Kerala on 20 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:15674
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
BAIL APPL. NO. 13606 OF 2025
CRIME NO.1999/2025 OF FORT POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER DATED 05.11.2025 IN CRMC NO.3147 OF 2025
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (ATROCITIES & SEXUAL
VIOLENCE AGAINST WOMEN & CHILDREN),THIRUVANANTHAPURAM
PETITIONER/ACCUSED 3, 7 AND 11:
1 SIDHARTH S
AGED 34 YEARS
S/O SURENDRAN NAIR T C, 41/1248(1), THAZVILAKATHU
VEEDU, KURIYATHI, MANACAUD P.O., THIRUVANANTHAPURAM,
PIN - 695009
2 ADARSH S A,
AGED 22 YEARS
S/O SYAM, T C 22/227, PADASSERY, PUTHENCOTTA, MANACAUD
P.O., THIRUVANANTHAPURAM, PIN - 695009
3 VISHNU VIJAYAN (MENTIONED AS ANANDHU IN FIR)
AGED 31 YEARS
S/O VIJAYAN, MANIMANDIRAM VEEDU,PADASSERY, MANACAUD
P.O.,THIRUVANANTHAPURAM, PIN - 695009
BY ADVS.
SHRI.SAIBY JOSE KIDANGOOR
SMT.PRAMITHA AUGUSTINE
SMT.AFSANA KHAN
SHRI.SREERAJ S. RAJARAM
SMT.SNEHA J.
SHRI.ADARSH PADMANABHAN
SHRI.AMAL DILEEP
SMT.ANNA PAUL
B.A. Nos.13606, 13805 of 2025, 91 & 158 of 2026
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RESPONDENT/STATE AND COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
FORT POLICE STATION, THIRUVANANTHAPURAM CITY, PIN -
695001
SRI.K.A.NOUSHAD, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2026, ALONG WITH BAIL APPL..91/2026, 158/2026 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. Nos.13606, 13805 of 2025, 91 & 158 of 2026
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2026:KER:15674
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
BAIL APPL. NO. 91 OF 2026
CRIME NO.1999/2025 OF FORT POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE JUDGMENT DATED 28.10.2025 IN BAIL APPL.
NO.13198 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.4:
ADITHYAN. S
AGED 20 YEARS
S/O. SHIBU KUMAR, T.C.22/236, PADASSERI, ATTUKAL,
MANACAUD P.O., THIRUVANANTHAPURAM DISTRICT, PIN -
695009
BY ADVS.
SHRI.AKHIL ISSAC LEESON
SRI.B.RAJESH(TRIVANDRUM)
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SRI.M.C.ASHI, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2026, ALONG WITH BAIL APPL..13606/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.13606, 13805 of 2025, 91 & 158 of 2026
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2026:KER:15674
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
BAIL APPL. NO. 158 OF 2026
CRIME NO.1999/2025 OF FORT POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER DATED 26.12.2025 IN BAIL APPL. NO.13685
OF 2025 OF HIGH COURT OF KERALA
PETITIONER/12TH ACCUSED:
RAMESH S.
AGED 34 YEARS
S/O SASI, TC 22/245, IRAVIYAMVILAKATHU VEEDU,
ATTUKAL, MANACAUD P.O., THIRUVANANTHAPURAM, PIN -
695009
BY ADVS.
SRI.SAMPATH V. TOMS
SHRI.AMBROSE JUDE DCRUZ
SMT.SREENA B.S.
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER, FORT POLICE STATION
ATTAKULANGARA, THIRUVANANTHAPURAM, PIN - 695009
SMT.SREEJA V., SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2026, ALONG WITH BAIL APPL..13606/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.13606, 13805 of 2025, 91 & 158 of 2026
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2026:KER:15674
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
BAIL APPL. NO. 13805 OF 2025
CRIME NO.1999/2025 OF FORT POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER DATED 05.11.2025 IN CRMC NO.3207 OF
2025 OF DISTRICT COURT & SESSIONS COURT/ RENT CONTROL APPELLATE
AUTHORITY, THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.6:
SREEJITH
AGED 25 YEARS
S/O. BABU, T.C.22/257, ATTUKAL, MANACAUD
P.O.,THIRUVANANTHAPURAM DISTRICT, PIN - 695009
BY ADV SRI.SHAJIN S.HAMEED
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE 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
20.02.2026, ALONG WITH BAIL APPL..13606/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.13606, 13805 of 2025, 91 & 158 of 2026
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ORDER
All these applications are filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking pre-arrest bail.
2. The applicants in B.A. No.13606/2025 are accused
Nos.3, 7 and 11; the applicant in B.A. No.13805/2025 is
accused No.6; the applicant in B.A. No.91/2026 is accused No.4
and the applicant in B.A. No.158/2026 is accused No.12 in
Crime No.1999/2025 of Fort Police Station,
Thiruvananthapuram District. The offences alleged are
punishable under Sections 126(2), 296(b), 351(2), 140(1),
115(2), 118(1), 324(4) and 110 read with Section 3(5) of the
Bharatiya Nyaya Sanhita (BNS), 2023.
3. The prosecution case, in short, is that accused Nos.1
to 13, with the intention to commit the murder of the defacto
complainant, due to the enmity, on 03.10.2025 at about 8:30
p.m., while the defacto complainant was standing with his
friends on Pappanamcode Estate Road, accused Nos.3 to 6
wrongfully restrained him, verbally abused him, and abducted
him to Puthenkotta cemetery. Thereafter, the accused No.2
B.A. Nos.13606, 13805 of 2025, 91 & 158 of 2026
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kicked the defacto complainant on his chest and threw a stone
at the same area. Subsequently, the accused No.1 obtained a
knife from the accused No.2 and attempted to stab the defacto
complainant in the stomach. The defacto complainant warded
off the attack, resulting in the knife striking his left palm,
causing a bleeding injury and thereby committed the offences.
4. I have heard Sri.Saiby Jose Kidangoor, the learned
counsel for the applicants in B.A. No.13606/2025, Sri.Shajin S.
Hameed, the learned counsel for the applicant in B.A.
No.13805/2025, Sri.Akhil Issac Leeson, the learned counsel for
the applicant in B.A. No.91/2026, Sri.Sampath V. Toms, the
learned counsel for the applicant in B.A. No.158/2026,
Sri.K.A.Noushad, Sri.M.C.Ashi and Smt.Sreeja V., the learned
Senior Public Prosecutors. Perused the case diary.
5. The learned counsel for the applicants submitted that
the applicants are innocent and have been falsely implicated in
the above crime. The counsel further submitted that no
materials are on record to connect the applicants with the
alleged crime; hence, they are entitled to get bail. The learned
Senior Public Prosecutors, on the other hand, submitted that
B.A. Nos.13606, 13805 of 2025, 91 & 158 of 2026
2026:KER:15674
the alleged incident occurred as a part of the intentional
criminal acts of the applicants, and if they are released on bail
at this stage, it will affect the course of the investigation.
6. I went through the FIS. Specific overt act has been
alleged against accused Nos.3, 4 and 7. Accused No.6 has not
been mentioned in the FIS or in the statement of the eye
witnesses at all. Even though the name of accused Nos.11 and
12 are mentioned in the FIS, no serious overt act has been
alleged against them. That apart, in the statement of the two
eye witnesses, their names are conspicuously absent.
7. For the above reasons, I am of the view that the
custodial interrogation of accused Nos.3, 4 and 7 is necessary
and they cannot be granted pre-arrest bail. However,
considering the allegations levelled against accused Nos.6, 11
and 12, their custodial interrogation seems unnecessary. For
these reasons, I find this to be an appropriate case to grant
pre-arrest bail to the accused Nos.6, 11 and 12 except accused
Nos.3, 4 and 7.
8. The learned counsel for the accused Nos.3, 4 and 7
submitted that the accused Nos.3, 4 and 7 are prepared to
B.A. Nos.13606, 13805 of 2025, 91 & 158 of 2026
2026:KER:15674
surrender before the investigating officer.
In the result, the applications are disposed of as follows:-
(i) The accused Nos.6, 11 and 12 shall be released on
bail in the event of their arrest 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 arresting
officer/investigating officer, as the case may be.
(ii) The accused Nos.6, 11 and 12 shall fully cooperate
with the investigation, including subjecting themselves to the
deemed police custody for discovery, if any, as and when
demanded.
(iii) The accused Nos.6, 11 and 12 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 accused Nos.6, 11 and 12 shall not commit any
offence of a like nature while on bail.
(v) The accused Nos.6, 11 and 12 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
B.A. Nos.13606, 13805 of 2025, 91 & 158 of 2026
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evidence or influence any witnesses or other persons related to
the investigation.
(vi) The accused Nos.6, 11 and 12 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.
(viii) If the accused Nos.3, 4 and 7 surrender before the
investigating officer within one week from today, the
investigating officer shall interrogate them and after
interrogation if the investigating officer forms an opinion that
the accused Nos.3, 4 and 7 are to be arrested, the investigating
officer shall record their arrest and produce them before the
jurisdictional Magistrate. The bail application, if any, moved by
them shall be disposed of by the learned Magistrate, in
accordance with law, as far as possible, on the same day itself.
A copy of the bail application shall be given to the learned
Public Prosecutor in advance.
Sd/-
DR. KAUSER EDAPPAGATH
SKP JUDGE
B.A. Nos.13606, 13805 of 2025, 91 & 158 of 2026
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APPENDIX OF BAIL APPL. NO. 13606 OF 2025
PETITIONERS' ANNEXURES:
Annexure A A TRUE COPY OF THE FIR NO: 1999/2025 DATED
04.10.2025 OF FORT POLICE STATION,
THIRUVANANTHAPURAM CITY
Annexure B TRUE COPY OF THE ORDER IN CRL. M C NO:
3147/2025 DATED 05.11.2025 OF THE HON'BLE
ADDL. SESSIONS COURT I, THIRUVANANTHAPURAM
B.A. Nos.13606, 13805 of 2025, 91 & 158 of 2026
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APPENDIX OF BAIL APPL. NO. 91 OF 2026
PETITIONER'S ANNEXURES:
Annexure-A TRUE COPY OF THE FIR IN CRIME NO.1999/2025
OF FORT POLICE STATION.
Annexure-B TRUE COPY OF THE ORDER DATED 22.10.2025 IN
CRL.M.C.NO.2962/2025 OF THE SESSIONS COURT,
THIRUVANANTHAPURAM.
B.A. Nos.13606, 13805 of 2025, 91 & 158 of 2026
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APPENDIX OF BAIL APPL. NO. 158 OF 2026
PETITIONER'S ANNEXURES:
Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT
DATED 04.10.2025 IN CRIME NO: 1999/2025 OF
FORT POLICE STATION, THIRUVANANTHAPURAM
Annexure 2 TRUE COPY OF THE FIRST INFORMATION
STATEMENT DATED 04.10.2025 IN CRIME NO:
1999/2025 OF FORT POLICE STATION,
THIRUVANANTHAPURAM
Annexure 3 TRUE COPY OF THE ORDER DATED 29.10.2025 IN
CRL. M.C. NO: 3117/2025 OF THE LEARNED
SESSIONS JUDGE, THIRUVANANTHAPURAM
Annexure 4 TRUE COPY OF THE STATEMENT OF FACTS DATED
28.10.2025 SUBMITTED BY THE SUB INSPECTOR
OF POLICE, FORT POLICE STATION, IN CRL.
M.C. NO: 3117/2025 BEFORE THE SESSIONS
COURT, THIRUVANANTHAPURAM
Annexure 5 TRUE COPY OF THE ACCIDENT REGISTER CUM
WOUND CERTIFICATE DATED 03.10.2025 ISSUED
BY THE FORT TALUK HOSPITAL,
THIRUVANANTHAPURAM
Annexure 6 TRUE COPY OF THE STATEMENT OF MR. SREENATH
GIVEN UNDER SECTION 180 OF THE BHARATIYA
NAGARIK SURAKSHA SANHITA (BNSS), 2023
Annexure 7 TRUE COPY OF THE STATEMENT OF MR. SUNIL
KUMAR GIVEN UNDER SECTION 180 OF THE
BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS),
Annexure 8 TRUE COPY OF ORDER DATED 27.11.2025 IN B.A.
NO: 13685/2025 ISSUED BY THE HON'BLE HIGH
COURT OF KERALA
Annexure 9 TRUE COPY OF ORDER DATED 04.12.2025 IN B.A.
NO: 13685/2025 ISSUED BY THE HON'BLE HIGH
COURT OF KERALA
Annexure 10 TRUE COPY OF ORDER DATED 18.12.2025 IN B.A.
NO: 13685/2025 ISSUED BY THE HON'BLE HIGH
COURT OF KERALA
Annexure 11 TRUE COPY OF COMMON ORDER DATED 27.11.2025
IN B.A. NO: 13685/2025, B.A. NO: 13567/2025
AND B.A. NO: 13606/2025 ISSUED BY THE
HON'BLE HIGH COURT OF KERALA
B.A. Nos.13606, 13805 of 2025, 91 & 158 of 2026
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APPENDIX OF BAIL APPL. NO. 13805 OF 2025
PETITIONER'S ANNEXURES:
Annexure-A TRUE COPY OF THE FIR IN CRIME NO.1999/2025
OF FORT POLICE STATION.
Annexure-B TRUE COPY OF THE COMMON ORDER DATED
05/11/2025 IN CRL.M.C.NO.3207/2025 OF THE
COURT OF SESSION, THIRUVANANTHAPURAM.
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
