[Cites 0, Cited by 0]
Kerala High Court
Jishnu P. Rajan @ Jishnu vs State Of Kerala on 23 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:16207
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
BAIL APPL. NO. 843 OF 2026
CRIME NO.47/2026 OF KEEZHVAIPUR POLICE STATION,
PATHANAMTHITTA
AGAINST THE ORDER DATED 04.02.2026 IN BA NO.60 OF 2026
OF DISTRICT COURT & SESSIONS COURT, PATHANAMTHITTA
PETITIONERS/ACCUSED NO.1,5 &6:
1 JISHNU P. RAJAN @ JISHNU,
AGED 29 YEARS, POOVAKALAYIL HOUSE,KALLOOPPARA,
MALLAPALLY PATHANAMTHITTA, PIN - 689583
2 RAJAN,
AGED 70 YEARS, POOVAKALAYIL HOUSE, KALLOOPPARA,
MALLAPALLY, PATHANAMTHITTA, PIN - 689583
3 MAHESH,
AGED 26 YEARS, MUTTATHIL(H) MAROTTUTHOPPU MURI,
THURUTHIKKAD P.O, KALLOOPPARA, MALLAPPALLY,
PATHANAMTHITTA, PIN - 689583
SRI.LEJO JOSEPH GEORGE
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
SRI.M.C.ASHI, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:16207
BAIL APPL. NO. 843 OF 2026
2
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, 5 and 6 in Crime
No.47/2026 of Keezhvaipur Police Station, Pathanamthitta District.
The offences alleged are punishable under Sections 189(2),
191(3), 190, 332(c), 296(b), 115(2), 118(2), 351(2) and 126(2) of
the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 20.01.2026 at
about 00.30 hours, the applicants, along with the remaining
accused, formed an unlawful assembly and, in prosecution of the
common object of the assembly, trespassed into the residential
house of the defacto complainant, hurled obscene words and
assaulted him with a hockey stick with the intention to kill him and
thereby committed the abovementioned offences.
4. I have heard Sri.Lejo Joseph, 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
2026:KER:16207
BAIL APPL. NO. 843 OF 2026
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 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 No.1, who is the applicant No.1 herein. He
has used a hockey stick and assaulted the defacto complainant.
The defacto complainant sustained a fracture in the incident.
Considering the overt act alleged against accused No.1/applicant
No.1 and the seriousness of the injury sustained by the defacto
complainant, he cannot be released on pre-arrest bail. However,
as far as the remaining applicants are concerned, no serious overt
act has been alleged against them. Their custodial interrogation
does not appear to be necessary. Hence, they are entitled to pre-
arrest bail.
In the result, the application is allowed in part on the
following conditions:-
2026:KER:16207
BAIL APPL. NO. 843 OF 2026
(i) The applicant Nos.2 and 3 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 applicant Nos.2 and 3 shall fully cooperate with the
investigation, including subjecting themselves to the deemed
police custody for discovery, if any, as and when demanded.
(iii) The applicant Nos.2 and 3 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 applicant Nos.2 and 3 shall not commit any offence
of a like nature while on bail.
(v) The applicant Nos.2 and 3 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 Nos.2 and 3 shall not leave the State of
Kerala without the permission of the trial Court.
2026:KER:16207
BAIL APPL. NO. 843 OF 2026
(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
NP
2026:KER:16207
BAIL APPL. NO. 843 OF 2026
APPENDIX OF BAIL APPL. NO. 843 OF 2026
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE FIRST INFORMATION
REPORT BEARING NO. 0047 DATED 21.01.2026
IN THE FILES OF KEEZHVAIPUR POLICE
STATION, PATHANAMTHITTA.
Annexure B TRUE COPY OF THE CASUALTY OUT-PATIENT
TICKET DATED 20.01.2026 BEARING OPD
REGISTRATION NO. 5403.
Annexure C COMPLAINT DATED 21.01.2026 MADE BY THE
PETITIONER NO.1 BEFORE THE SHO
KEEZHVAIPUR POLICE STATION
