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Kerala High Court
Sanooj S J vs State Of Kerala on 26 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 948 of 2026
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2026:KER:17433
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. 948 OF 2026
CRIME NO.57/2026 OF KATTAKADA POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER/3RD ACCUSED:
SANOOJ S J
AGED 26 YEARS, S/O SANTHAKUMAR,
SJ NIVAS, ALUVILA, KALLAMBALAM,
KOTTUKKAL VILLAGE, BALARAMAPURAM P.O,
THIRUVANANTHAPURAM, PIN - 695501
BY ADVS.
SRI.VISHNU BHUVANENDRAN
SMT.B.ANUSREE
SHRI.JOEL CHALAMANA
SHRI.NOYAL JOHNY
SHRI.ASIF IRFAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
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. 948 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 applicant is the accused No.3 in Crime
No.57/2026 of Kattakada Police Station, Thiruvananthapuram
District. The offences alleged are punishable under Sections
189(2), 191(2), 296(b), 115(2), 118(1), 118(2) and 324(4)
read with Section 190 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is as follows: On
20.01.2026, at around 10:00 p.m., the accused persons
formed themselves into an unlawful assembly and in
prosecution of their common object, called the de-facto
complainant and his friends to a place near S.B.I situated at
Thoongampara, and when they reached there, a verbal
altercation occurred between the de-facto complainant and
the applicant. At that time, the accused No.4 uttered obscene
words against the de-facto complainant and caught hold of
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his shirt, and accused No.1 by using a spatula had beaten the
de-facto complainant on his left hand, causing fracture to his
left wrist. When accused No.1 swung the spatula, it hit on the
head of the de-facto complainant's friend Ratheesh causing
injuries to him. The accused No.2 by using a reaper, beat the
de-facto complainant on his back and the accused No.4
pushed the de-facto complainant. It is further alleged that
when the applicant pelted stones, it fell upon the nose of one
Gokul, the friend of the de-facto complainant, causing
fracture to that part. The window glass of the car of the de-
facto complainant was damaged in the incident and thus the
de-facto complainant sustained a loss of Rs.15,000/- and
thereby committed the offences.
4. I have heard Sri.Vishnu Bhuvanendran, the learned
counsel for the applicant and Smt.V.Sreeja, the learned
Senior Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted
that the applicant is innocent and has been falsely implicated
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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. I went through the FI Statement. Though it is
alleged that the applicant is behind the entire incident, there
is no overt act against the applicant. He has not used any
weapon. That apart, Annexure-IV FIR shows that, in respect
of the very same incident, another case was registered
against the defacto complainant at the instance of accused
No.1. The said FIR was registered on 21.01.2026 for the
offences punishable under Sections 296(b), 115(2), 118(2)
and 110 read with Section 3(5) of the Bharatiya Nyaya
Sanhita, 2023, whereas, the FIR in the above crime was
registered only after a day, i.e., on 22.01.2026. In these
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circumstances, I am of the view that even though the
applicant has criminal antecedents, he can be granted pre-
arrest bail.
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
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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 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
APA
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APPENDIX OF BAIL APPL. NO. 948 OF 2026
PETITIONER ANNEXURES
ANNEXURE-I TRUE COPY OF THE FIR DATED 22.01.2026 IN
CRIME NO.57/2026 OF KATTAKADA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT
ANNEXURE-II TRUE COPY OF THE MONEY LENDING LICENSE ISSUED
BY THE GOVERNMENT OF KERALA
ANNEXURE-III TRUE COPY OF THE FIR DATED 20.05.2025 IN
CRIME NO.611/2025 OF KARAMANA POLICE STATION,
THIRUVANANTHAPURAM
ANNEXURE-IV TRUE COPY OF THE FIR DATED 21.01.2026 IN
CRIME NO.56/2026 OF KATTAKADA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT
ANNEXURE-V TRUE COPY OF THE ORDER DATED 06.02.2026 IN
B.A NO. 297/2026 OF THE HON'BLE SESSIONS
COURT, THIRUVANANTHAPURAM
