Citation : 2026 Latest Caselaw 1977 Ker
Judgement Date : 24 February, 2026
2026:KER:16444
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 24TH DAY OF FEBRUARY 2026/5TH PHALGUNA, 1947
BAIL APPL. NO. 719 OF 2026
CRIME NO.1235/2025 OF CHIRAYINKEEZHU POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED 28.01.2026 IN CRMC NO.3837 OF
2025 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VI / III
ADDITIONAL MACT / RENT CONTROL APPELLATE AUTHORITY,
THIRUVANANTHAPURAM
PETITIONERS/ACCUSED NO.2,3 AND 5:
1 ANAS. A,
AGED 43 YEARS, SON OF ABDUL VAHID,
RESIDING AT MUBARAK MANZIL, NELLUVILAMUKKU,
KORANI.P.O THIRUVANANTHAPURAM, PIN - 695104
2 MUHAMMED AL AMEEN
AGED 19 YEARS, SON OF NUJOOM,
S N MANZIL, NETHAJI JUNCTION, EDAKKODE.P.O,
THIRUVANANTHAPURAM, PIN - 695104
3 SINAJ SALIM
AGED 20 YEARS, SON OF SALIM,
KAIPPALLY HOUSE, PATHINETTAM MILE, KURAKKADA,
KIZHUVILAM, THIRUVANANTHAPURAM, PIN - 695104
BY ADV SRI.M.R.SARIN
BAIL APPL. NO. 719 OF 2026
2
2026:KER:16444
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
2 STATION HOUSE OFFICER
CHIRAYINKECZHU POLICE STATION THIRUVANANTHAPURAM,
PIN - 695304
BY ADV.
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 719 OF 2026
3
2026:KER:16444
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.2, 3
and 5 in Crime No.1235/2025 of Chirayinkeezhu Police
Station, Thiruvananthapuram District. The offences alleged
are punishable under Sections 189(2), 191(2), 190,
126(2), 296(b), 351(2), 115(2) and 118(1) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, on
20.12.2025 at about 07:25 p.m., the applicants along with
the other accused formed themselves into an unlawful
assembly near Andoor School Junction in Kurakkada
Desom of Kizhuvilam Village, with a common object to
assault the de facto complainant. It is alleged that accused
No.1 restrained the de facto complainant, uttered obscene
words and dashed his head against a boundary wall,
causing severe injury. Thereafter, accused Nos.2 to 4
allegedly caught hold of the complainant's hands, fisted BAIL APPL. NO. 719 OF 2026
2026:KER:16444
and stamped him, while accused No.5 joined in
intimidating the complainant, causing fear of death.
4. I have heard Sri. M.R.Sarin, 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 investigation.
6. There is no allegation that the applicants
have used any weapon. The de facto complainant did not
sustain any serious injury also. The investigation is almost
over. The applicants have no criminal antecedents.
Considering the allegations made against the applicants, BAIL APPL. NO. 719 OF 2026
2026:KER:16444
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
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 BAIL APPL. NO. 719 OF 2026
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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.
(vi) The applicants 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 ARK BAIL APPL. NO. 719 OF 2026
2026:KER:16444
APPENDIX OF BAIL APPL. NO. 719 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE FIR CRIME NO. 1235/2025 OF CHIRAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM DATED 21.12.2025
ANNEXURE A2 THE TRUE COPY OF THE ORDER IN CRL. MC.
NO.3837/2025 ON THE FILES OF THE COURT OF THE ADDL. SESSIONS JUDGE -V, THIRUVANANTHAPURAM DATED 28.1.2026
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