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Kerala High Court
Sai Sanker vs State Of Kerala on 30 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 93 of 2026
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2026:KER:7940
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947
BAIL APPL. NO. 93 OF 2026
CRIME NO.853/2025 OF PALARIVATTOM POLICE STATION, ERNAKULAM
AGAINST THE ORDER DATED 26.12.2025 IN CRL.MC NO.3473 OF 2025
OF ADDITIONAL SESSIONS COURT - VII, ERNAKULAM
PETITIONER/ACCUSED:
SAI SANKER
AGED 39 YEARS
16A, LIFESTYLE TOWERS,
NEAR GOVERNMENT HOMEO COLLEGE,
CALICUT, PRESENTLY
RESIDING AT FLAT NO. Q222, Q BLOCK,
DLF NEW TOWN HEIGHTS, KAKKANAD,
ERNAKULAM., PIN - 682030
BY ADVS.
SRI.SATHEESH MOHANAN
SHRI.SASTHAMANGALAM S. AJITHKUMAR (SR.)
SHRI.SREEJITH S. NAIR
SMT.MAHIMA
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
SRI.M.C.ASHI, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No. 93 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 in Crime No.853/2025
of Palarivattom Police Station, Ernakulam District. The
offences alleged are punishable under Sections 118(1),
115(2) and 126(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is as follows:- The
defacto complainant is the Deputy Manager of Stalwart
People Services India Ltd. engaged in supplying security
service personnel. They are supplying security to the
Confident Group head office at Palarivattam. When a security
guard Jayan P.K., had been working as the security guard at
the head office of Confident Group, on 21.11.2025 morning at
8.45 a.m., the applicant came in a car bearing registration
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number KL-05-BC-5555 and parked on the main entrance of
the building. When the security personnel requested the
applicant to remove the car, he took out an iron rod from the
car and brutally attacked the security guard employed by the
defacto complainant. Later he parked the car in the parking
area of the Confident Group and again assaulted the security
and thereby committed the offences.
4. I have heard Sri.Satheesh Mohanan, 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
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stage, it will affect the course of the investigation.
6. The alleged incident took place at the main
entrance of the head office of Confident Group at
Palarivattom, Ernakulam, where the injured was deputed as
the security guard. It is seen from the FIS that there was
some exchange of words followed by altercation between the
injured and the applicant over the parking of his car.
Annexure-2 would show that the applicant has also sustained
injury and he visited Ernakulam Medical Centre on the same
day at 9.37 a.m. The alleged incident was at 8.45 a.m.
Annexures 3 and 4 would show that the applicant and his wife
preferred a complaint against the injured. The injury
sustained by the injured is not serious in nature. The
applicant has 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.
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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
nature while on bail.
(v) The applicant shall not attempt to contact any of
the prosecution witnesses, directly or through any other
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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. 93 OF 2026
PETITIONER ANNEXURES
ANNEXURE -1 TRUE COPY OF THE COPY OF THE FIR IN CRIME NO.
853 OF 2025 OF PALARIVATTOM POLICE STATION,
ERNAKULAM DISTRICT
ANNEXURE -2 TRUE COPY OF THE MEDICAL RECORDS OF THE
PETITIONER FROM ERNAKULAM MEDICAL CENTER AND
ASTER MEDICITY
ANNEXURE -3 TRUE COPY OF THE RECEIPT OF ACKNOWLEDGEMENT
DATED 21/11/2025
ANNEXURE -4 THE TRUE COPY OF THE PETITION FILED BY THE
WIFE OF THE PETITIONER DATED 21.11.2025
ANNEXURE- 5 TRUE COPY OF THE FIR IN CRIME NO. 858 OF
2025OF PALARIVATTOM POLICE STATION, ERNAKULAM
DISTRICT
ANNEXURE -6 TRUE COPY OF THE NOTICE ISSUED U/S 35 (3) OF
THE BNSS
ANNEXURE -7 TRUE COPY OF THE ORDER IN CRL. MC NO. 3473 OF
2025 COURT OF SESSIONS(VACATION COURT)
ERNAKULAM DIVISION DATED 26.12.2025
