Mobin vs State Of Kerala
2026 Latest Caselaw 1880 Ker

Citation : 2026 Latest Caselaw 1880 Ker
Judgement Date : 20 February, 2026

[Cites 0, Cited by 0]

Kerala High Court

Mobin vs State Of Kerala on 20 February, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                           2026:KER:15657


                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. 841 OF 2026

            CRIME NO.32/2026 OF KUMILY POLICE STATION, IDUKKI

AGAINST THE ORDER DATED 30.01.2026 IN BA NO.100 OF 2026 OF DISTRICT COURT

      & SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY, THODUPUZHA


PETITIONERS/ACCUSED 1 AND 2:

     1      MOBIN,
            AGED 35 YEARS, S/O BENNY,
            PUTHEN VEETTIL HOUSE, DYMUKKKU KARA, PERIYAR VILLADE, IDUKKI
            DISTRICT, PIN - 685509

     2      VINEETH,
            AGED 31 YEARS, S/O SURESH,
            VILLANATH HOUSE, DYMUKKKU KARA, PERIYAR VILLADE,
            IDUKKI DISTRICT, PIN - 685509

            BY ADVS.
            SRI.T.A.UNNIKRISHNAN
            SHRI.ROHITH R.




RESPONDENT/COMPLAINANT:

            STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM,
            PIN - 682031

            BY ADV.
            SRI.M..C ASHI, SR. PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.02.2026,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 841 OF 2026
                                                 2
                                                                            2026:KER:15657


                                          ORDER

This application is filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,

BNSS), seeking pre-arrest bail.

2. The applicants are the accused Nos.1 and

2 in Crime No.32/2026 of Kumily Police Station, Idukki

District. The offences alleged are punishable under

Sections 296(b), 115(2) and 118(1) read with Section 3(5)

of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that,

due to previous enmity towards the de facto complainant,

on 15.01.2026 at about 08:30 p.m., the applicant

No.1/accused No.1 abused the de facto complainant in

filthy language and caused mental agony while he was

standing on the road in front of his elder brother's house at

Vellaramkunnu. Thereafter, when the de facto complainant

reached Vellaramkunnu town, the applicant No.1/accused

No.1 again abused him and assaulted him by hitting on the

back side of his right shoulder with his hand.

Subsequently, the applicant No.2/accused No.2, who BAIL APPL. NO. 841 OF 2026

2026:KER:15657

arrived at the spot in a tipper lorry bearing the name

'Chinnus', took a stick from the vehicle and attempted to

assault the de facto complainant on his head. When the de

facto complainant obstructed the blow with his hand, he

sustained injuries to two fingers of his right hand. On

seeing the incident, Bineesh, Kuttan and Regin Rajan

intervened to rescue the de facto complainant, whereupon

the applicant No.2/accused No.2 assaulted them also with

the stick, and thereby committed the aforesaid offences.

4. I have heard Sri. T.A.Unnikrishnan, the

learned counsel for the applicants and Sri. M.C.Ashi, 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 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 Prosecutor, on the

other hand, submitted that the alleged incident occurred as

a part of the intentional criminal acts of the applicants, and BAIL APPL. NO. 841 OF 2026

2026:KER:15657

if they are released on bail at this stage, it will affect the

course of the investigation.

6. The learned counsel for the applicants

made available to me a copy of the FIR registered as Crime

No.30/2026 at the very same police station. The de facto

complainant herein is the accused No.2 in the said crime.

The allegation is that the accused No.1 and his friends

were assaulted by the de facto complainant and others on

the same day, same time and at the same place of

occurrence. No serious injury has been sustained by the

de facto complainant. The applicants have no criminal

antecedents. Considering the allegations made against the

applicants, their custodial interrogation seems

unnecessary. For these reasons, I find this to be an

appropriate case to grant pre-arrest bail to the applicants.

In the result, the application is allowed on the

following conditions:-

(i) The applicants 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 BAIL APPL. NO. 841 OF 2026

2026:KER:15657

solvent sureties for the like sum each to the satisfaction of

the arresting officer/investigating officer, as the case may

be.

(ii) The applicants shall fully cooperate with

the investigation, including subjecting themselves to the

deemed police custody for discovery, if any, as and when

demanded.

(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.