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