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Jishnu vs State Of Kerala
2026 Latest Caselaw 2159 Ker

Citation : 2026 Latest Caselaw 2159 Ker
Judgement Date : 27 February, 2026

[Cites 1, Cited by 0]

Kerala High Court

Jishnu vs State Of Kerala on 27 February, 2026

Author: Kauser Edappagath
Bench: Kauser Edappagath
                                                             2026:KER:17858


              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. 1014 OF 2026

        CRIME NO.59/2026 OF KUMILY POLICE STATION, IDUKKI

PETITIONER/ACCUSED:

            JISHNU
            AGED 29 YEARS, S/O SUDHAKARAN,
            KUNNEL HOUSE, ATTAPPALLAM KARA, KUMILY VILLAGE,
            IDUKKI DISTRICT, PIN - 685509

            BY ADVS.
            SMT.REJI R.
            SHRI.MOBIN MATHEW
            SHRI.A.ARUNKUMAR (A-1907)




RESPONDENTS/STATE:

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

    2       THE SUB INSPECTOR OF POLICE, KUMILY POLICE STATION
            IDUKKI DISTRICT, PIN - 685509

            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. 1014 OF 2026
                                     2
                                                           2026:KER:17858


                               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 in Crime

No.59/2026 of Kumaly Police Station, Idukki District. The

offences alleged are punishable under Sections 296(b) and

118(1) of the Bharatiya Nyaya Sanhita, 2023 and Section

118(e) of the Kerala Police Act, 2011.

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

owing to prior enmity with the de facto complainant and

others, on 28.01.2026 at about 10:30 p.m., on the

Panchayat road near Kallarakal Anasavari at Attappallam

Kara in Kumily Village, the applicant, while driving a tipper

lorry, abused the de facto complainant in filthy language,

causing mental agony. It is further alleged that, bearing a

grudge as the de facto complainant and others had stopped

the said vehicle, the applicant suddenly drove the lorry

forward with the intention of causing bodily harm, thereby

attempting to crush the de facto complainant and his son BAIL APPL. NO. 1014 OF 2026

2026:KER:17858

Lokesh between the wall and the tipper lorry. As a result,

the de facto complainant sustained injuries on his left

thumb, shoulder, back and face, while his son Lokesh

sustained injuries on the back of his head, back and face

and thereby committed the aforesaid offences.

4. I have heard Sri. Reji.R, the learned

counsel for the applicant and Sri. M.C.Ashi, 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 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. The investigation is almost over. The de

facto complainant or other injured did not sustain any BAIL APPL. NO. 1014 OF 2026

2026:KER:17858

serious injuries. The injuries noted in the body note are

only abrasions and contusions. The applicants have no

criminal antecedents. Considering the allegations made

against the applicant, his custodial interrogation seems

unnecessary. For these reasons, I find this to be an

appropriate case to grant pre-arrest bail to the applicant.

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 BAIL APPL. NO. 1014 OF 2026

2026:KER:17858

before the investigating officer as and when required.

(iv) The applicant shall not commit any

offence of a like 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 ARK BAIL APPL. NO. 1014 OF 2026

2026:KER:17858

APPENDIX OF BAIL APPL. NO. 1014 OF 2026

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 59/2026 OF KUMILY POLICE STATION, IDUKKI DISTRICT

ANNEXURE A2 TRUE COPY OF THE ORDER DATED 09.02.2026 IN B.A. NO. 114/2026 PASSED BY THE SESSIONS COURT, THODUPUZHA

 
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