[Cites 0, Cited by 0]
Kerala High Court
Sunitha vs State Of Kerala on 26 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:17574
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. 933 OF 2026
CRIME NO.28/2026 OF CHIRAYINKEEZHU POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER DATED 09.02.2026 IN BA NO.323 OF 2026 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT (ATROCITIES & SEXUAL
VIOLENCE AGAINST WOMEN & CHILDREN),THIRUVANANTHAPURAM
PETITIONERS/ACCUSED NO 3,4,5,6,8 AND 10:
1 SUNITHA
AGED 43 YEARS, DAUGHTER OF SAHADEVAN,
PUNNAVILA VEEDU, KOLOCHIRA, AZHOOR,
THIRUVANANTHAPURAM, PIN - 695305
2 AJITHA
AGED 41 YEARS, DAUGHTER OF SAHADEVAN,
PUNNAVILA VEEDU, KOLOCHIRA, AZHOOR,
THIRUVANANTHAPURAM, PIN - 695305
3 JAYESH
AGED 25 YEARS, SON OF JAYAN,
PUNNAVILA VEEDU, KOLOCHIRA, AZHOOR,
THIRUVANANTHAPURAM, PIN - 695305
4 JAYASREE
AGED 26 YEARS, DAUGHTER OF JAYAN,
PUNNAVILA VEEDU, KOLOCHIRA, AZHOOR,
THIRUVANANTHAPURAM, PIN - 695305
5 AJMAL KHAN
AGED 30 YEARS, SON OF NASEER YASEEN MANZIL
MECHIRA, KILLI, KOLLODU.P.O, THIRUVANANTHAPURAM,
PIN - 695571
BAIL APPL. NO. 933 OF 2026
2
2026:KER:17574
6 SUBHASH
AGED 48 YEARS, SON OF JACKSON,
PUNNAVILA VEEDU, KOLOCHIRA, AZHOOR,
THIRUVANANTHAPURAM, PIN - 695305
BY ADV SRI.M.R.SARIN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BY ADV.
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 933 OF 2026
3
2026:KER:17574
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.3, 4,
5, 6, 8 and 10 in Crime No.28/2026 of Chirayinkeezhu
Police Station, Thiruvananthapuram District. The offences
alleged are punishable under Sections 189(2), 191(2),
191(3), 296(b), 115(2), 118(1), 74 and 324(5) read with
Section 190 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, on
16.01.2026 at about 08:00 p.m., at a place called
Kavinmoola Junction, the applicants along with the
remaining accused formed an unlawful assembly and in
prosecution of their common object, assaulted the de facto
complainant, his brother, mother and others with weapon,
further the accused No.2 laid over the body of the de facto
complainant and bit her on her cheek with the intent to
outrage her modesty.
4. I have heard Sri. M.R.Sarin, the learned
BAIL APPL. NO. 933 OF 2026
2026:KER:17574
counsel for the applicants and Sri. M.C.Ashi, 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. I went through the FIS. The main
allegations to attract the offences under Sections 118(1)
and 74 of the Bharatiya Nyaya Sanhita, 2023 are only
against the accused Nos.1 and 2. No serious overt act has
been alleged against the applicants. 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
BAIL APPL. NO. 933 OF 2026
2026:KER:17574
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
offence of a like nature while on bail.
(v) The applicants shall not attempt to
BAIL APPL. NO. 933 OF 2026
2026:KER:17574
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. 933 OF 2026
2026:KER:17574
APPENDIX OF BAIL APPL. NO. 933 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE F.I.R IN CRIME NO.
28/2026 OF CHIRAYINKEEZHU POLICE STATION,
THIRUVANANTHAPURAM DATED 17.01.2026
ANNEXURE A2 THE TRUE COPY OF THE ORDER IN B.A NO 323/2026
DATED 9.2.2026
