Prajith vs State Of Kerala
2026 Latest Caselaw 2153 Ker

Citation : 2026 Latest Caselaw 2153 Ker
Judgement Date : 27 February, 2026

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Kerala High Court

Prajith vs State Of Kerala on 27 February, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                    2026:KER:17720


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

     FRIDAY, THE 27TH DAY OF FEBRUARY 2026/8TH PHALGUNA, 1947

                    BAIL APPL. NO. 973 OF 2026

  CRIME NO.1479/2025 OF VADAKKANCHERRY POLICE STATION, PALAKKAD



PETITIONERS/ACCUSED NOS.1 AND 3 TO 6:

    1     PRAJITH
          AGED 18 YEARS, S/O.PAPPU,
          KOLAYAKKAD, MANNAPRA, KANNAMBRA, ALATHUR TALUK,
          PALAKKAD DISTRICT, PIN - 678685

    2     AJEESH
          AGED 22 YEARS, S/O.BALAN,
          KOLAYAKKAD, MANNAPRA, KANNAMBRA, ALATHUR TALUK,
          PALAKKAD DISTRICT, PIN - 678685

    3     JUNAIDH
          AGED 24 YEARS, S/O.SALAM,
          KOLAYAKKAD, MANNAPRA, KANNAMBRA, ALATHUR TALUK,
          PALAKKAD DISTRICT, PIN - 678685

    4     JINUMON
          AGED 24 YEARS, S/O.MURALI,
          KOLAYAKKAD, MANNAPRA, KANNAMBRA, ALATHUR TALUK,
          PALAKKAD DISTRICT, PIN - 678685

    5     MIDHUN
          AGED 24 YEARS, S/O.SATHEESH,
          KOLAYAKKAD, MANNAPRA, KANNAMBRA, ALATHUR TALUK,
          PALAKKAD DISTRICT, PIN - 678685


          BY ADV SRI.NIREESH MATHEW
 BAIL APPL. NO. 973 OF 2026
                                    2
                                                            2026:KER:17720



RESPONDENT/COMPLAINANT-STATE:

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM, KOCHI,
            PIN - 682031

            BY ADV.
            SRI.M.C. ASHI, SR. PP


     THIS   BAIL   APPLICATION   HAVING   COME   UP   FOR   ADMISSION   ON
27.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 973 OF 2026
                                          3
                                                                     2026:KER:17720


                                  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 and

3 to 6 in Crime No.1479/2025 of Vadakkencherry Police

Station, Palakkad District. The offences alleged are

punishable under Sections 189(2), 191(2), 191(3), 126(2),

115(2), 118(1), 118(2), 324(4) and 324(5) read with 190

of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the

defacto complainant and his family members warned the

accused No.1, who was in love with the defacto

complainant's aunt's granddaughter. Infuriated by this, on

27.12.2025 at 9:45 p.m. at Nattukal, Manjapra, accused

Nos.1 to 7, along with 25 other identifiable persons, in

prosecution of their common object to commit rioting,

formed themselves into an unlawful assembly with the

knowledge that they were the members of such assembly.

While the defacto complainant and his relatives were BAIL APPL. NO. 973 OF 2026

2026:KER:17720

returning home after Manjapra Arattu festival, the accused

No.2 caught hold of the defacto complainant's shirt collar

and wrongly restrained him, while accused No.1 voluntarily

caused hurt to him by hitting him with a stone tied with

cloth. When the defacto complainant fell down, accused

No.1 kicked him. When CW2 attempted to prevent the

same, accused No.1 hit the right ear of CW2 with the cloth-

tied stone, resulting in fracture of his right eardrum.

Accused Nos.3 to 6 fisted and kicked the defacto

complainant. When the brother and wife of the defacto

complainant intervened, accused Nos.3 and 4 hit him on

his back, while accused Nos.6 and 7 fisted other family

members. Further, when accused No.1 pulled back the

defacto complainant's shirt's collar, both of them fell into

the paddy field. The defacto complainant's gold chain,

weighing about 1.5 sovereigns, was lost in the incident.

4. I have heard Sri. Nireesh Mathew, the

learned 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 BAIL APPL. NO. 973 OF 2026

2026:KER:17720

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. Specific overt act

has been alleged against the applicant No.1, who is the

accused No.1. He has used the stone to assault the de

facto complainant, who sustained fracture. Hence, he

cannot be extended the benefit of pre-arrest bail.

However, no serious overt act has been alleged against the

remaining applicants, who are the accused Nos.3 to 6. It

appears that their custodial interrogation is not necessary.

For these reasons, I find this to be an appropriate case to

grant pre-arrest bail to the applicant Nos.2 to 5/accused

Nos.3 to 6.

BAIL APPL. NO. 973 OF 2026

2026:KER:17720

In the result, the application is allowed in part on

the following conditions:-

(i) The applicant Nos.2 to 5/accused Nos.3 to

6 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 applicant Nos.2 to 5/accused Nos.3 to

6 shall fully cooperate with the investigation, including

subjecting themselves to the deemed police custody for

discovery, if any, as and when demanded.

(iii) The applicant Nos.2 to 5/accused Nos.3 to

6 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 applicant Nos.2 to 5/accused Nos.3 to

6 shall not commit any offence of a like nature while on

bail.