Citation : 2026 Latest Caselaw 2099 Ker
Judgement Date : 26 February, 2026
B.A.Nos. 1052 & 1054 of 2026
1
2026:KER:17234
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947
BAIL APPL. NO. 1054 OF 2026
CRIME NO.150/2026 OF Cherpu Police Station, Thrissur
AGAINST THE ORDER DATED 13.02.2026 IN BA NO.13 OF
2026 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THRISSUR
PETITIONER/ACCUSED NOS. 6, 7, & 8:
1 SOORAJ, AGED 29 YEARS
S/O SUDHAN, KANNAMKULAM HOUSE, PORATHISSERY DESOM
& VILLAGE, THRISSUR, KERALA, PIN - 680125
2 AYYAPPADAS, AGED 34 YEARS
S/O UNNIKRISHNAN, VELIYATH HOUSE, MURIYAD
DESOM,MURIYAD VILLAGE, THRISSUR, KERALA, PIN -
680683
3 SANOOP, AGED 36 YEARS
S/O CHAKKO, KACHAPPILLY HOUSE, ANCHERY
DESOM,OLLUR VILLAGE, THRISSUR, KERALA, PIN -
680006
BY ADV SHRI.GAJENDRA SINGH RAJPUROHIT
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, KERALA, PIN - 682031
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.02.2026, ALONG WITH Bail Appl..1052/2026, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos. 1052 & 1054 of 2026
2
2026:KER:17234
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947
BAIL APPL. NO. 1052 OF 2026
CRIME NO.150/2026 OF Cherpu Police Station, Thrissur
AGAINST THE ORDER DATED 13.02.2026 IN BA NO.13 OF
2026 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THRISSUR
PETITIONER/ACCUSED NOS. 1, 9, 10, 12, 13, 15 & 29:
1 SHAHID, AGED 30 YEARS
S/O SHAJI, VELLAMPARAMBIL HOUSE, VELLAMGALLUR
DESOM, VADAKUMKARA VILLAGE, THRISSUR, KERALA, PIN
- 680662
2 NIKHIL, AGED 30 YEARS
S/O SIVAN, THAIPARAMBIL HOUSE, PATTEPADAM,DESOM,
VELLAMGALLUR, VADAKUMKARA VILLAGE, THRISSUR,
KERALA,, PIN - 680662
3 UNNI ROY, AGED 34 YEARS
S/O THOMAS, CHITTILAPPILLY HOUSE,
NADATHARAVILLAGE & DESOM, THRISSUR, KERALA, PIN -
680751
4 HUSSAIN, AGED 28 YEARS
S/O MAJEED, KARIYAPPULLI HOUSE, PATTEPADAMDESOM,
VELLAMGALLUR, VADAKKUMKARA VILLAGE, THRISSUR,
KERALA,, PIN - 680662
5 ANSON, AGED 33 YEARS
S/O ANTU, VANCHIPURA HOUSE, VELLAMGALLUR,DESOM,
VADAKUMKARA VILLAGE, THRISSUR, KERALA, PIN -
680662
6 RINTO,
AGED 29 YEARS
S/O ANTO, NELLISSERY HOUSE, ANANTHAPURAM DESOM,&
VILLAGE, THRISSUR, KERALA, PIN - 680305
B.A.Nos. 1052 & 1054 of 2026
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2026:KER:17234
7 NAVAS,
AGED 29 YEARS
S/O IBRAHIM, THARUPEEDIKAYIL HOUSE,
VELLAMGALLURDESOM, VADAKKUMKARA VILLAGE,
THRISSUR, KERALA, PIN - 680662
BY ADVS. SHRI.SARATH BABU KOTTAKKAL
SHRI.SEBASTIN
SMT.KARTHIKA S.
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OFKERALA, ERNAKULAM, KERALA, PIN - 682031
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.02.2026, ALONG WITH Bail Appl..1054/2026, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos. 1052 & 1054 of 2026
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2026:KER:17234
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.150/2026 of Cherpu Police Station, Thrissur District. The
applicants in B.A.No.1052 of 2026 are accused Nos.1, 9, 10,
12,13, 15 and 29 and the applicants in B.A.No.1054 of 2026 are
the accused Nos.6 to 8. The offences alleged are punishable
under Sections 310(4), 310(5), 310(6), 111(1), 111(3) and
111(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of
the Arms Act, 1959.
3. The prosecution case, in short, is as follows:
The police received secret information that accused Nos. 1 to 34
had gathered at Panamkulam for the criminal conspiracy to
commit highway dacoity and the police thereafter proceeded to
the resort where the accused had gathered on 10.2.2026 at 7:15
p.m., and conducted search of the said building and premises,
recovered dangerous weapons such as iron rods, iron sword, B.A.Nos. 1052 & 1054 of 2026
2026:KER:17234
wooden sticks, pepper powder, chilly powder and recovered 18
vehicles and 33 mobile phones belonging to the applicants and
thereby committed the offences.
4. I have heard the learned counsel for the
applicants and 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 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 Senior 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 10.02.2026. According to the applicants, they were
conducting a birthday party. It is true that the applicants have
criminal antecedents. The investigation is almost over and the
recovery has been effected. For these reasons, I do not find any
reason to hold that the continued detention of the applicants is
required for any purpose. Hence, the applicants are entitled to B.A.Nos. 1052 & 1054 of 2026
2026:KER:17234
be released on bail.
In the result, these bail 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 fully co-operate with the
investigation.
(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 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.
B.A.Nos. 1052 & 1054 of 2026
2026:KER:17234
(vii) 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.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE kp B.A.Nos. 1052 & 1054 of 2026
2026:KER:17234
APPENDIX OF BAIL APPL. NO. 1054 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE COPY OF THE FIR DATED 11.02.2026 IN CRIME NO 150/2026 OF CHERPU POLICE STATION, THRISSUR Annexure A2 THE TRUE COPY OF THE ORDER DATED 13.02.2026 IN BA NO 13/2026 OF THE JUDICIAL FIRST CLASS MAGISTRATE - I Annexure A3 THE TRUE COPY OF THE AADHAAR CARD OF THE 1ST ACCUSED Annexure A4 THE TRUE COPY OF THE INSTAGRAM STORY OF THE 1ST ACCUSED Annexure A5 THE TRUE COPY OF THE PHOTOGRAPH TAKEN OF THE CAKE BOUGHT FOR 1ST ACCUSED B.A.Nos. 1052 & 1054 of 2026
2026:KER:17234
APPENDIX OF BAIL APPL. NO. 1052 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE COPY OF THE FIR DATED 11.02.2026 IN CRIME NO 150/2026 OF CHERPU POLICE STATION, THRISSUR Annexure A2 THE TRUE COPY OF THE ORDER DATED 13.02.2026 IN BA NO 12/2026 OF THE JUDICIAL FIRST CLASS MAGISTRATE - I, THRISSUR Annexure A3 THE TRUE COPY OF THE AADHAAR CARD OF THE 1ST ACCUSED Annexure A4 THE TRUE COPY OF THE INSTAGRAM STORY OF THE 1ST ACCUSED Annexure A5 THE TRUE COPY OF THE PHOTOGRAPH TAKEN OF THE CAKE BOUGHT FOR 1ST ACCUSED
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