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Kerala High Court
Gokul vs State Of Kerala on 27 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:17844
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. 987 OF 2026
CRIME NO.1496/2025 OF NOORANADU POLICE STATION, ALAPPUZHA
AGAINST THE ORDER DATED 13.01.2026 IN CRMC NO.1528 OF 2025
OF DISTRICT & SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,
ALAPPUZHA
PETITIONER/1ST ACCUSED:
1 GOKUL
AGED 28 YEARS
SREE NANTHANAM VEEDU, VALLIKUNNAM MURI, VALLIKUNNAM
P.O., ALAPPUZHA, KERALA, PIN - 690501
BY ADVS.
SHRI.BALASUBRAMANYAN
SMT.PRIYANKA SUSAN RAJU
SHRI.VAISAKH J.
SHRI.HILAL BABU
SHRI.MUHAMMED ASHIK K.A.
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 SHO
NOORANADU POLICE STATION, MAVELIKARA TALUK, ALAPPUZHA,
KERALA, PIN - 690504
SRI.K.A. NOUSHAD, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.987 of 2026
-2-
2026:KER:17844
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.1 in Crime
No.1496/2025 of Nooranadu Police Station, Alappuzha District.
The offences alleged are punishable under Sections 296(b),
333, 118(1) and 118(2) read with Section 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 23.09.2025
at 3.00 p.m., a dispute arose between the applicant and one of
the colleagues of the defacto complainant named Arun Das,
who is a native of Assam, at Esquire Bar situated at Charumood
Junction in connection with cleaning of the table in the bar. The
applicant used abusive language against the victim and struck
him on the head with a beer bottle and then, the applicant left
in a motorcycle belonging to accused No.2, an "unknown
person" and thereby committed the offences.
4. I have heard Sri.Balasubramanyan, the learned
counsel for the applicant and Sri. K.A.Noushad, the learned
2026:KER:17844
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
present case. 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 law regarding the grant or refusal of pre-arrest
bail is well settled. Pre-arrest bail cannot be granted as a
matter of course. The power under Section 482 of BNSS could
be exercised only when a special case is made out, that too,
recording reasons thereof. Perusal of the case diary reveals
that the accusation made against the applicant is very serious
in nature, and it prima facie shows a premeditated criminal act
on his part. Specific overt act has been alleged against the
applicant. The defacto complainant has sustained fracture of
nasal bone in the incident.
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7. The investigation is in a preliminary stage. The
custodial interrogation of the applicant is necessary for the
investigation. As rightly argued by the learned Senior Public
Prosecutor, the possibility of the applicant influencing the
witnesses and interfering with the investigation cannot be ruled
out if he is released on bail. Considering the gravity of the
offence and stage of the investigation, I am of the view that
this is not a fit case where the extraordinary jurisdiction vested
with this Court under Section 482 of BNSS could be invoked.
The bail application is, accordingly, dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
SKP
2026:KER:17844
APPENDIX OF BAIL APPL. NO. 987 OF 2026
PETITIONER'S ANNEXURES:
Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.1496
OF 2025 OF NOORANADU POLICE STATION,
ALAPPUZHA DISTRICT DATED 23.09.2025
Annexure A2 THE TRUE COPY OF THE CRIMINAL MC. NO. 1528
OF 2025 DATED 13.01.2026 OF SESSIONS COURT,
ALAPPUZHA
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
