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Kerala High Court
Kannappan @ Shine vs State Of Kerala on 23 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.898 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. 898 OF 2026
CRIME NO.4/2026 OF NEDUMKANDAM POLICE STATION, IDUKKI
PETITIONER(S)/ACCUSED NOS.1 TO 3 AND 5:
1 KANNAPPAN @ SHINE,
AGED 19 YEARS
S/O. SAJI, CHITTEKKATTIL HOUSE,
PACHADY PO, THOTTUVAKKADA,
KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK,
IDUKKI DISTRICT, PIN - 685553
2 APPU @ VISHAK,
AGED 19 YEARS
S/O. BINOY, CHOVVELIKKUDIYIL HOUSE,
PACHADY PO, THOTTUVAKKADA, KALKOONTHAL
VILLAGE,UDUMBANCHOLA TALUK,
IDUKKI DISTRICT, PIN - 685553
3 BINOY,
AGED 46 YEARS
S/O. NARAYANAN, CHOVVELIKKUDIYIL HOUSE,
PACHADY PO, THOTTUVAKKADA, KALKOONTHAL
VILLAGE,UDUMBANCHOLA TALUK,
IDUKKI DISTRICT, PIN - 685553
4 PONNU @ VAISHAK,
AGED 18 YEARS
S/O. BINOY,CHOVVELIKKUDIYIL HOUSE,
PACHADY PO, THOTTUVAKKADA,KALKOONTHAL VILLAGE,
UDUMBANCHOLA TALUK, IDUKKI DISTRICT,
PIN - 685553
BY ADVS.
SRI.BIJU .C. ABRAHAM
SHRI.THOMAS C.ABRAHAM
B.A.No.898 of 2026
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RESPONDENT(S)/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
SMT SREEJA V(SR PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 23.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.898 of 2026
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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, 2, 3
and 5 in Crime No.4/2026 of Nedumkandam Police Station,
Idukki District. The offences alleged are punishable under
Sections 189(2), 191(1), 191(2), 190, 118(1), 115(2), 296(b),
126(2), 74 and 324(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that due to
animosity towards the defacto complainant, the applicants and
other accused formed themselves into an unlawful assembly
and in prosecution of the common object of that assembly, on
31.12.2025 at about 09:30 pm., at the sit out in front of the
house of Salu bearing No. XX/355 of Nedumkandam Grama
Panchayat, the accused No.1 assaulted Jomon, the son of the
defacto complainant by hitting him on the face with an iron
weapon. Accused Nos. 2, 3, and 5 also joined in the assault by
kicking him, holding his head and throwing him to the ground.
When the defacto complainant intervened, the accused No.1
kicked her on the right thigh, causing her to fall down and
thereafter beat her with a wooden plank, causing injuries to the
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area above her knee and to the area above her right wrist. The
accused No.1 also abused her in obscene language, caught
hold of her neck and wrongfully restrained her. Further, the
accused No.2 slapped her with his hand on the left side of her
head and caught hold of her left chest and beat her, and also
pulled and tore her nightie. It is further alleged that the
accused Nos. 1 and 5 together tore the shirt and dothi of Jomon
while assaulting him after he fell down due to the beating and
lost a gold chain belonging to Jomon worth 1,50,000/- and
thereby committed the aforementioned offences.
4. I have heard Sri. Biju C. Abraham, the learned
counsel for the applicants and Smt. Sreeja V., 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 if they are
released on bail at this stage, it will affect the course of the
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investigation.
6. I went through the FIS. Specific overt act has
been alleged against the accused No.1, who is the applicant
No.1 herein. He has used the weapon. There are allegations
to constitute the offence under Sections 118(1) and 74 of BNS
against him, which are the non-bailable offences included.
However, the allegations against the remaining accused are
not serious in nature. They have not used any weapon also.
Hence, I am of the view that the applicant Nos.2, 3 and 4, who
are the accused Nos.2, 3 and 5 can be granted pre-arrest bail.
However, considering the overt act alleged against the
accused No.1, his custodial interrogation is necessary and he
cannot be released on bail.
In the result, the application is allowed in part on the
following conditions:-
(i) The applicant Nos.2, 3 and 4 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, 3 and 4 shall fully
cooperate with the investigation, including subjecting
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themselves to the deemed police custody for discovery, if any,
as and when demanded.
(iii) The applicant Nos.2, 3 and 4 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, 3 and 4 shall not commit
any offence of a like nature while on bail.
(v) The applicant Nos.2, 3 and 4 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, 3 and 4 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
Jms
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APPENDIX OF BAIL APPL. NO. 898 OF 2026
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIR IN CRIME NO.
4/2026 DATED 02/01/2026 OF NEDUMKANDAM
POLICE STATION
Annexure 2 TRUE COPY OF THE ORDER DATED
21/01/2026 PASSED BY THE SESSIONS
COURT, THODUPUZHA IN B.A. NO. 20/2026
Annexure 3 TRUE COPY OF THE COMPLAINT DATED
06/01/2026 SUBMITTED BY THE MOTHER OF
THE 1ST PETITIONER
