[Cites 1, Cited by 0]

Kerala High Court

Deepak vs State Of Kerala on 23 February, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

B.A.No. 14271 of 2025 &
B.A.No. 144 of 2026

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           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. 14271 OF 2025

 CRIME NO.294/2025 OF CHENGAMANAD POLICE STATION, ERNAKULAM

AGAINST THE ORDER DATED 10.09.2025 IN BAIL APPL. NO.11276 OF
                2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:

           NIDHIN
           AGED 30 YEARS, S/O.OMANAKUTTAN,
           VENGUPPARAMBIL HOUSE,
           KURUMASSERY KARA, PARAKKADAVU VILLAGE,
           ERNAKULAM, PIN - 683579

           BY ADVS.
           SRI.S.RAJEEV
           SRI.V.VINAY
           SRI.M.S.ANEER
           SHRI.SARATH K.P.
           SHRI.ANILKUMAR C.R.
           SHRI.K.S.KIRAN KRISHNAN
           SMT.DIPA V.
           SHRI.AKASH CHERIAN THOMAS
           SHRI.AZAD SUNIL
           SHRI.T.P.ARAVIND
           SHRI.MAHESWAR PADICKAL
           SMT.AKSHARA S.
RESPONDENT/STATE:

           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR
           HIGH COURT OF KERALA, PIN - 682031
 B.A.No. 14271 of 2025 &
B.A.No. 144 of 2026

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           BY ADVS.
           ADDL.DIRECTOR GENERAL OF PROSECUTION
           SRI.C.K.SURESH - SPL.PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.02.2026, ALONG WITH Bail Appl.144/2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 B.A.No. 14271 of 2025 &
B.A.No. 144 of 2026

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                                                    2026:KER:15950

           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. 144 OF 2026

 CRIME NO.294/2024 OF CHENGAMANAD POLICE STATION, ERNAKULAM

PETITIONER/ACCUSED NO.2:

           DEEPAK
           AGED 36 YEARS, S/O. NARAYANAN,
           MANNARATHARA HOUSE,
           KURUMASSERY KARA, PARAKKADAVU VILLAGE,
           ERNAKULAM DISTRICT, PIN - 683572

           BY ADV SRI.VISHNUPRASAD NAIR
RESPONDENT/STATE:

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

           BY ADVS.
           ADDL.DIRECTOR GENERAL OF PROSECUTION
           SRI C K SURESH - SPL.PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.02.2026, ALONG WITH Bail Appl.14271/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 B.A.No. 14271 of 2025 &
B.A.No. 144 of 2026

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                           ORDER

These two bail applications are connected and hence

they are disposed of by a common order. They are filed under

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023

(for short, BNSS) seeking regular bail.

2. These bail applications pertain to Crime

No.294/2025 of Chengamanad Police Station, Ernakulam

District. The applicant in B.A.No.14271 of 2025 is the accused

No.1 and the applicant in B.A.No.144 of 2026 is the accused

No.2 in the above said crime. The offence alleged is

punishable under Section 302 r/w Section 34 of the Indian

Penal Code, 1860.

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

in furtherance of their common intention to murder Sri. Vinu

Vikraman, had on 10.04.2024 at 1.15 a.m., restrained him

and inflicted injuries using a sword, resulting in the injured

succumbing to his injuries and thereby committed the B.A.No. 14271 of 2025 &

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offence.

4. I have heard the learned counsel for the applicants

and the learned Special 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 present case. The counsel further submitted

that no materials are on record to connect the applicants with

the alleged crime; hence, they are entitled to bail. On the

other hand, the learned Special Public Prosecutor submitted

that the alleged incident occurred as a part of the intentional

criminal acts of the applicants, and they are not entitled to

bail at this stage.

6. The applicants were remanded to judicial custody

on 10.04.2024. The investigation is almost over. It is true

that the manner in which the murder was committed was a

brutal one. It is also true that the applicants have criminal

antecedents. However, insofar as the applicant in B.A.No. 14271 of 2025 &

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B.A.No.14271 of 2025 is concerned, the last crime against

him was registered in the year 2019. Insofar as the applicant

in B.A.No.144 of 2026 is concerned, the last crime involving a

non-bailable offence was registered in the year 2019. Three

crimes registered subsequent to that are only for bailable

offences. It is submitted that the charge has not so far been

framed. In these circumstances, considering the period of

detention already undergone by the applicants, I am of the

view that they can be released on bail. Hence, the applicants

are entitled to be released on bail.

In the result, the applications are allowed on the

following conditions: -

(i) The applicants shall be released on bail 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 jurisdictional Magistrate/Court.

(ii) The applicants shall not commit any offence of a

like nature while on bail.

B.A.No. 14271 of 2025 &

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(iii) 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.

(iv) The applicants shall not leave the State of Kerala

without the permission of the trial Court.

(v) The application, if any, for deletion/modification of

the bail conditions or cancellation of bail on the grounds of

violating the bail conditions shall be filed at the jurisdictional

court.

(vi) The applicants shall not enter into Ernakulam

District except for the purpose of attending the Court.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE APA B.A.No. 14271 of 2025 &

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APPENDIX OF BAIL APPL. NO. 14271 OF 2025

PETITIONER ANNEXURES

ANNEXURE I THE TRUE COPY OF THE ORDER PASSED BY THE COURT OF SESSIONS ERNAKULAM IN CRL M.C NO 1875 OF

ANNEXURE II THE TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN BA NO 3241 OF 2025 ANNEXURE III THE TRUE COPY OF THE ORDER PASSED BY THE ADDITIONAL SESSIONS COURT I NORTH PARAVUR IN

ANNEXURE IV TRUE COPY JUDGMENT PASSED BY THIS HON'BLE

B.A.No. 14271 of 2025 &

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APPENDIX OF BAIL APPL. NO. 144 OF 2026

PETITIONER ANNEXURES

ANNEXURE 1 A TRUE COPY OF THE FIR DATED 10/4/2024 IN CRIME NO. 294/2024 OF CHENGAMANAD POLICE STATION, ERNAKULAM DISTRICT ANNEXURE 2 A TRUE COPY OF THE FINAL REPORT DATED 6/7/2024 ALONG WITH WITNESS MEMORANDUM AND STATEMENTS OF EYE WITNESS (CW2) AND OCCURRENCE WITNESS (CW3) IN CRIME NO. 294/2024 OF CHENGAMANAD POLICE STATION, ERNAKULAM NOW PENDING AS S.C. NO. 568/2025 BEFORE THE ADDITIONAL SESSIONS JUDGE, NORTH PARAVUR ANNEXURE 3 A TRUE COPY OF THE ORDER DATED 27/6/2024 PASSED BY THE SESSIONS COURT, ERNAKULAM IN

ANNEXURE 4 A TRUE COPY OF THE ORDER DATED 12/2/2025 IN

ANNEXURE 5 A TRUE COPY OF THE ORDER IN CRL.M.C. NO.

2539/2024 PASSED BY THE SESSIONS COURT, ERNAKULAM ANNEXURE 6 A TRUE COPY OF THE ORDER IN CRL.M.C. NO.

3263/2024 PASSED BY THE SESSIONS COURT, ERNAKULAM ANNEXURE 7 A TRUE COPY OF THE ORDER DATED 12/3/2025 PASSED BY THIS HON'BLE COURT IN B.A. NO.

ANNEXURE 8 TRUE COPY OF THE ORDER DATED 29/4/2025 PASSED BY THE SESSIONS COURT, ERNAKULAM IN CRL.M.C.

ANNEXURE 9 A TRUE COPY OF THE ORDER DATED 10/6/2025 THUS PASSED BY THIS HON'BLE COURT IN B.A. NO.

ANNEXURE 10 A TRUE COPY OF THE STATEMENT UNDER SECTION 164 OF CR.P.C. DATED 18/4/2024 OF CW2 B.A.No. 14271 of 2025 &

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ANNEXURE 11 A TRUE COPY OF THE STATEMENT UNDER SECTION 164 OF CR.P.C. DATED 18/4/2024 OF CW3 ANNEXURE 12 A TRUE COPY OF THE JUDGMENT DATED 14/10/2025 IN C.C. NO. 966/2018 ON THE FILES OF THE JFCM II, ALUVA ARISING OUT OF CRIME NO. 863/2018 OF CHENGAMAND POLICE STATION ANNEXURE 13 A TRUE COPY OF THE JUDGMENT DATED 3/5/2025 IN C.C. NO. 1132/2025 ON THE FILES OF THE JFCM I, ALUVA ARISING OUT OF CRIME NO. 1235/2015 OF CHENGAMANAD POLICE STATION ANNEXURE 14 A TRUE COPY OF THE AWARD PASSED BY THE LOK ADALATH IN C.C. NO. 99/2023 ON THE FILES OF THE JFCM I, ALUVA ANNEXURE 15 A TRUE COPY OF THE ORDER DATED 6/10/2025 IN CRL.M.P. NO. 2564/2025 IN S.C. NO. 568/2025 ON THE FILES OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE I, NORTH PARAVUR