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Kerala High Court
Kailas M.A vs State Of Kerala on 24 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.867/2026
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2026:KER:16562
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. 867 OF 2026
CRIME NO.61/2026 OF Mulanthuruthy Police Station, Ernakulam
PETITIONER/ACCUSED:
KAILAS M.A
AGED 41 YEARS
VETTIKKAN CHAKRAVELIL HOUSE, PAINGARAPPILLY P.O,
MULANTHURUTHY, ERNAKULAM, PIN - 682314
BY ADVS.
SHRI.NIDHIN RAJ VETTIKKADAN
SMT.ANJALA NAZRIN SUBAIR
SHRI.ANJO FRANCIS
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.867/2026
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2026:KER:16562
ORDER
This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-
arrest bail.
2. The applicant is the accused in Crime No.61/2026
of Mulanthuruthy Police Station, Ernakulam District. The offences
alleged are punishable under Sections 126(2), 118(1) and 110 of
the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is as follows: The
defacto complainant along with his friends used to consume
alcohol in the courtyard of the residential building owned by Mr.
Thomas Mani. The applicant is residing there as a tenant. On
13.01.2026 at about 2 pm, being unhappy with the consumption of
alcohol by the defacto complainant and his friends, the applicant,
with intention to inflict bodily injury and with knowledge that death
would have caused, assaulted the defacto complainant using the
blunt portion of a knife causing him injuries on his head and left
shoulder and thereby committed the offences.
4. I have heard Sri. Nidhin Raj Vettikkadan, the
learned counsel for the applicant and Sri. K.A. Noushad, the
learned Public Prosecutor. Perused the case diary.
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5. The learned counsel for the applicant submitted
that the applicant is innocent and has been falsely implicated in
the above crime. The counsel further submitted that no materials
are on record to connect the applicant with the alleged crime;
hence, he is entitled to bail. The learned Senior Public Prosecutor,
on the other hand, submitted that the alleged incident occurred as
part of the applicant's intentional criminal acts, and if he is
released on bail at this stage, it will affect the course of the
investigation.
6. A reading of the FIS would show that the
incident took place at the back yard of the house where the
applicant resides as a tenant. According to the applicant, the
defacto complainant along with his friends used to habitually
consume alcohol in the back yard of the house and after
consuming alcohol, the defacto complainant and his friends used to
create problems. It is alleged that on the date of the incident also,
the same situation happened and when the applicant intervened to
prevent any untoward incident, the incident in question happened.
The said version of the applicant is probable going by the
allegations in the FIS. The injury sustained by the defacto
complainant is not serious. The applicant has no criminal
antecedents. Considering the allegations made against the
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applicant, his custodial interrogation seems unnecessary. For these
reasons, I find this to be an appropriate case to grant pre-arrest
bail to the applicant.
In the result, the application is allowed on the following
conditions:-
(i) The applicant shall be released on bail in the
event of his arrest on executing a bond for Rs.1,00,000/- (Rupees
One lakh only) 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 shall fully cooperate with the
investigation, including subjecting himself to the deemed police
custody for discovery, if any, as and when demanded.
(iii) The applicant shall appear before the
investigating officer between 10.00 a.m. and 11.00 a.m. every
Saturday until further orders. He shall also appear before the
investigating officer as and when required.
(iv) The applicant shall not commit any offence of a
like nature while on bail.
(v) The applicant 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
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witnesses or other persons related to the investigation.
(vi) The applicant 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
kp
2026:KER:16562
APPENDIX OF BAIL APPL. NO. 867 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE DISCHARGE SUMMARY
ISSUED BY LOURDES HOSPITAL ERNAKULAM
DATED 01.08.2020
Annexure A2 THE TRUE COPY OF THE DISCHARGE CARDS
ISSUED BY MEDICAL COLLEGE HOSPITAL,
GANDHI NAGAR KOTTAYAM DATED 18.12.2020
AND 02.01.2021
Annexure A3 THE TRUE COPY OF THE JUDGEMENT DATED
31.01.2026 IN B.A NO. 118/2026 OF
SESSIONS COURT, ERNAKULAM
