[Cites 14, Cited by 0]
Kerala High Court
Biju @ Unni vs State Of Kerala on 30 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
Bail Appl. No.12314 of 2025 & Bail Appl. No.6752 of 2024
2026:KER:7572
1
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. 12314 OF 2025
CRIME NO.2414/2020 OF VENJARAMOODU POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE JUDGMENT DATED 04.12.2020 IN BAIL APPL. NO.7950 OF
2020 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.2 AND 3:
SANAL SINGH
AGED 37 YEARS, S/O SHANMUGHAN,
CHERUVIL ROADARIKATHU VEEDU, MADAPURAM,
VAZHAVILAPOYIKA KUTHIRAMKULAM, MANIKAL VILLAGE,
VEMBAYAM, THIRUVNANTHAPURAM, PIN - 695304
BY ADVS.
SRI.V.JOHN SEBASTIAN RALPH
SHRI. RALPH RETI JOHN
SHRI.VISHNU CHANDRAN
SHRI.GIRIDHAR KRISHNA KUMAR
SMT.GEETHU T.A.
SMT.MARY GREESHMA
SMT.LIZ JOHNY
SMT.KRISHNAPRIYA SREEKUMAR
SHRI.ABHIJITH P.S
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
Bail Appl. No.12314 of 2025 & Bail Appl. No.6752 of 2024
2026:KER:7572
2
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION
SRI.C.K. SURESH, SPL. PP
SRI. GRASHIOUS KURIAKOSE, ADGP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.01.2026, ALONG WITH BAIL APPL..6752/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
Bail Appl. No.12314 of 2025 & Bail Appl. No.6752 of 2024
2026:KER:7572
3
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. 6752 OF 2024
CRIME NO.2414/2020 OF VENJARAMOODU POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT IN SC NO.260 OF 2021 OF ADDITIONAL
DISTRICT COURT (ADHOC), THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.3:
BIJU @ UNNI,
AGED 44 YEARS, S/O. PUSHPANGATHAN,
VAZHAVILAPOIKA, CHARUVILAYIL ROADARIKATHU VEEDU,
MUDAPURAM, THIRUVANANTHAPURAM, PIN - 695304
BY ADVS.
SRI.V.JOHN SEBASTIAN RALPH
SHRI. RALPH RETI JOHN
SHRI.VISHNU CHANDRAN
SHRI.APPU BABU
SHRI.GIRIDHAR KRISHNA KUMAR
SMT.GEETHU T.A.
SMT.APOORVA RAMKUMAR
SMT.MARY GREESHMA
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
Bail Appl. No.12314 of 2025 & Bail Appl. No.6752 of 2024
2026:KER:7572
4
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION
SRI.C.K. SURESH, SPL. PP
SRI. GRASHIOUS KURIAKOSE, ADGP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.01.2026, ALONG WITH BAIL APPL.12314/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
Bail Appl. No.12314 of 2025 & Bail Appl. No.6752 of 2024
2026:KER:7572
5
ORDER
Dated this the 30th day of January, 2026
The applicants are accused Nos.2 and 3 in S.C
No.260 of 2021 on the files of the Additional Sessions
Court-I, Thiruvananthapuram. The offences alleged are
punishable under Sections 143, 147, 148, 149, 341,
294(b), 323, 324, 302, 120B, 201 and 120 of the Indian
Penal Code and Section 27 of the Arms Act.
2. The prosecution case, in short, is that
on 30.08.2020, the accused, who were activists of the
Congress party, in pursuance of political animosity,
conspired to eliminate two members of a rival political
party, namely 'Midhilaj' and 'Haq Muhammed'. In
furtherance of the said conspiracy and sharing a common
objective as part of an unlawful assembly, accused Nos.1
to 3 intercepted the deceased at Thempammoodu Junction
around 11:00 p.m, wrongfully restrained them, and
subjected them to verbal abuse. Subsequently, accused
Nos.1 to 3 executed the plan devised under the conspiracy.
They attacked the victims with dangerous weapons,
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inflicting fatal injuries that resulted in their death. Thus,
the applicants, along with the other accused, are alleged to
have committed the aforesaid offences.
3. The accused No.2 was arrested on
01.09.2020 and accused No.3 was arrested on 03.09.2020
and since then they are in judicial custody.
4. The accused No.3 filed BA
No.6752/2024 seeking interim bail on the ground that his
daughter was getting married on 16/8/2024. During the
pendency of the said bail application, accused No.3 filed
Crl.M.A.No.1/2025 seeking regular bail. Accused No.2 filed
BA No.12314/2025 seeking regular bail.
5. I have heard Sri. John Sebastian Ralph
V, the learned counsel for the applicants and Sri.
C.K.Suresh, the learned Special Public Prosecutor. Perused
the case diary.
6. The applicants were convicted in
another murder case in S.C No.163 of 2010 by the
Additional Sessions Court-V, Thiruvananthapuram on
26.03.2021 for the offences punishable under Sections
Bail Appl. No.12314 of 2025 & Bail Appl. No.6752 of 2024
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324, 307, 302 and 34 of the Indian Penal Code. It is
submitted that they are undergoing life imprisonment at
Central Prison, Thiruvananthapuram. The appeals
preferred by the applicants against the conviction and
sentence in the said case are pending before this Court.
The learned counsel for the applicants submitted that the
applicants are eligible for ordinary leave as per the Kerala
Prisons and Correctional Services (Management) Rules,
2014 (for short, the Prisons Rules) as they have
completed two years of imprisonment. Rule 410 of the
Prisons Rules mandates that if a convict is to be granted
leave, ordinary or emergency, he should be on bail in any
other case pending against him. The learned counsel
further submits that the applicants seek for bail in these
cases for the limited purpose of considering their
application for ordinary leave. The learned ADGP strongly
opposed the application contending that since the
applicants were already convicted in another murder case,
they cannot be released on bail. The learned ADGP further
submitted that the trial in the above case is already over
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and if the applicants are released on bail, there will be law
and order situation in the locality.
7. The applicants are in custody for the
last more than 5 years. The accused No.1 who is in the
same footing as that of the applicants, was already
released on bail. It is true that the evidence in the case is
over. However, since the counter case is stayed by this
Court, the trial in the case is not likely to be concluded
soon. Even if the applicants are released on bail, since they
are already undergoing sentence in S.C No.163 of 2010
and as sentence in that case has not suspended, they
cannot be set at liberty. However, I find some force in the
contention of the learned counsel for the applicants that
the granting of bail in these cases would enable the
applicants to seek for ordinary leave if they are otherwise
entitled in accordance with law.
Considering all these facts, these bail
applications and Crl.M.Appl No.1/2025 in BA No.6752/2025
are disposed of as follows:-
(i) The applicants shall be released on bail
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on executing a bond for Rs.2,00,000/- (Rupees Two lakhs
only) each with two solvent sureties for the like sum each.
However, they shall be set at liberty only if the sentence
against them in S.C No.163 of 2010 is suspended.
(ii) If the applicants are released from jail
on the strength of this bail order on suspension of sentence
passed in S.C No.163 of 2010, the applicants shall report
before the Station House Officer, Venjaramoodu Police
Station between 10.00 a.m and 11.00 a.m. every Saturday
and they shall not leave the State of Kerala without the
permission of the trial Court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ARK
Bail Appl. No.12314 of 2025 & Bail Appl. No.6752 of 2024
2026:KER:7572
APPENDIX OF BAIL APPL. NO. 12314 OF 2025
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE ORDER DATED 02.11.2023 IN
ANNEXURE 2 TRUE COPY OF THE ORDER DATED 02.08.2024 IN
B.A NO. 6065/2024 OF THIS HONBLE COURT
ANNEXURE 3 TRUE COPY OF THE ORDER DATED 28.07.2025 IN
CRL.M.P NO. 2649/2025 IN S.C NO 260/2021 ON
THE FILES OF ADDL. SESSIONS COURT-I,
THIRUVANANTHAPURAM
ANNEXURE 4 TRUE COPY OF THE ORDER DATED 04.12.2020 IN
B.A NO. 7950/2020 OF THIS HON'BLE COURT
Bail Appl. No.12314 of 2025 & Bail Appl. No.6752 of 2024
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APPENDIX OF BAIL APPL. NO. 6752 OF 2024
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED COPY OF THE ORDER DATED 02.08.2024
IN CRL.M. P NO. 3763/2024 IN S.C NO. 260/2021
ANNEXURE 2 TRUE COPY OF THE COMMUNICATION DATED
05.08.2024 FROM SUPERINTENDENT, CENTRAL
PRISON AND CORRECTIONAL HOME, POOJAPURA,
THIRUVANANTHAPURAM
ANNEXURE 3 TRUE COPY OF THE ORDER DATED 02.08.2024 IN
B.A NO. 6065/2024 OF THIS HONBLE COURT
ANNEXURE 4 THE WEDDING INVITATION OF THE DAUGHTER OF THE
APPLICANT DATED 18.08.2024
ANNEXURE 5 TRUE COPY OF THE ORDER DATED 16.08.2024 IN
C.P 5/42/4452/2024 OF THE OFFICE OF THE
SUPERINTENDENT, CENTRAL PRISON AND
CORRECTIONAL HOME, THIRUVANANTHAPURAM
ANNEXURE 6 TRUE COPY OF THE WEDDING INVITATION DATED
08.09.2024
