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Kerala High Court
Benoy P.Y vs State Of Kerala on 26 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.930 of 2026
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2026:KER:17301
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. 930 OF 2026
CRIME NO.94/2026 OF ADIMALY POLICE STATION, IDUKKI
PETITIONER(S)/ACCUSED 1, 2, 7 AND 8:
1 BENOY P.Y,
AGED 44 YEARS
S/O YACOB, PAZHUKKALIYIL HOUSE,
MACHIPLAVU, MANNAMKANDAM VILLAGE,
IDUKKI DISTRICT, PIN - 685561
2 SARAMMA,
AGED 82 YEARS
W/O LATEYACOB, PAZHUKKALIYIL HOUSE,
MACHIPLAVU, MANNAMKANDAM VILLAGE,
IDUKKI DISTRICT, PIN - 685561
3 LIJO,
AGED 43 YEARS
S/O KURIAKOSE,PAZHUKKALIYIL HOUSE,
MACHIPLAVU, MANNAMKANDAM VILLAGE,
IDUKKI DISTRICT, PIN - 685561
4 ACHAMMA,
AGED 60 YEARS
W/O KURIAKOSE, PAZHUKKALIYIL HOUSE,
MACHIPLAVU, MANNAMKANDAM VILLAGE,
IDUKKI DISTRICT, PIN - 685561
BY ADV SRI.JOSEPH SEBASTIAN PURAYIDAM
RESPONDENT(S)/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
B.A.No.930 of 2026
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SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 26.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.930 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, 7
and 8 in Crime No.94/2026 of Adimali Police Station, Idukki
District. The offences alleged are punishable under Sections
115(2), 296(b), 118(1), 126(2), 75, 76 and 351(2) read with
3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
3. The prosecution case, in short, is that due to
a dispute arising from the defacto complainant drawing water
through a hose from the Panchayat pond to her husband's
property passing through the applicants' property, the
applicants, in furtherance of their common intention, on
25.01.2026 at about 01:30 p.m. at Pazhukkalikkunnu,
Machiplavu Kara, Parakkudi City area in Mannamkandam
Village, wrongfully restrained, abused, and assaulted the
defacto complainant. It is alleged that the accused No.1
slapped her, the accused No.2 assaulted her with a stick
causing injuries to her back, legs, and forehead, and the
accused verbally abused her. When she attempted to escape,
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the accused No.4 caught hold of her clothes. The accused
No.1 allegedly tore her nightie and scratched her chest, while
accused Nos.5 and 6 continued to abuse her. The accused No.7
allegedly pressed her breasts, thereby outraging her modesty,
and threatened to kill her helper, Robin, by brandishing a
chopper. The accused No.8 also verbally abused the
complainant and thereby the applicants committed the
aforesaid offences.
4. I have heard Sri. Joseph Sebastian Purayidam,
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. The parties are close relatives. I went through
the FIS. There is no serious allegation to attract the offence
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under Section 74 of the BNS, which is one of the non-bailable
offence alleged. So far as the offence under Section 118(1) of
the BNS is concerned, there is nothing on record to suggest
that the weapon allegedly used is a dangerous weapon. No
serious injury has also been sustained by the defacto
complainant. That apart, there is a counter case registered
against the defacto complainant and her worker at the instance
of the accused No.2 as evident from Annexure -C. Considering
the allegations made against the applicants, 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
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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.
(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
2026:KER:17301
APPENDIX OF BAIL APPL. NO. 930 OF 2026
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE FIRST INFORMATION
REPORT DATED 25-01-2026 IN CRIME
NO.94/2026 OF ADIMALI POLICE STATION
Annexure B TRUE COPY OF THE ALTERATION MEMO
/REPORT DATED 25-01-2026, SUBMITTED BY
THE POLICE IN CRIME NO.94/2026 OF
ADIMALI POLICE STATION
Annexure C TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.95/2026 DATED 25-01-
2026 LODGED BY SARAMMA AGAINST THE
DEFACTO COMPLAINANT IN ANNEXURE A AND
HER SUPPORTER
Annexure-D TRUE COPY OF THE ACCIDENT REGISTER-CUM-
WOUND CERTIFICATE DATED 25/1/2026
ISSUED BY DR.SUBHENDU D L, CMO, TALUK
HEAD QUARTERS HOSPITAL, ADIMALI WITH
RESPECT TO THE INJURIES SUFFERED BY THE
SECOND PETITIONER/SECOND ACCUSED
Annexure-E TRUE COPY OF THE ACCIDENT REGISTER-CUM-
WOUND CERTIFICATE DATED 25/1/2026
ISSUED BY DR.SUBHENDU D L, CMO, TALUK
HEAD QUARTERS HOSPITAL, ADIMALI WITH
RESPECT TO THE INJURIES SUFFERED BY SRI
KURIAKOSE WHO IS THE THIRD ACCUSED IN
ANNEXURE A
Annexure-F TRUE COPY OF THE ACCIDENT REGISTER-CUM-
WOUND CERTIFICATE DATED 25/1/2026
ISSUED BY DR.SUBHENDU D L, CMO, TALUK
HEAD QUARTERS HOSPITAL, ADIMALI WITH
RESPECT TO THE INJURIES SUFFERED BY SMT
SHEENA BENOY WHO IS THE 4TH ACCUSED IN
ANNEXURE A
Annexure G TRUE COPY OF THE ORDER DATED 05-02-2026
PASSED BY THE SESSIONS COURT,
THODUPUZHA IN BAIL APPLICATION
NO.104/2026 IS
