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Kerala High Court
Jobin Thomas vs State Of Kerala on 30 January, 2026
2026:KER:7773
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947
CRL.MC NO. 5349 OF 2025
CRIME NO.1030/2023 OF NEDUMKANDAM POLICE STATION, IDUKKI
AGAINST THE ORDER DATED 25.03.2025 IN CMP 1387/2025 IN SC NO.164 OF
2024 OF III ADDITIONAL DISTRICT & SESSIONS COURT, THODUPUZHA / I ADDITIONAL
MACT, THODUPUZHA
PETITIONER:
JOBIN THOMAS
AGED 38 YEARS
S/O THOMAS, PUTHUPARAMBIL HOUSE, KAVUNTHYM AMBALAMEDU,
CHEMBALAM P.O, PARAPADUMUR, IDUKKI, PIN - 685553
BY ADVS.
SHRI.ANEESH K.R
SHRI.JOSEPH BEN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
682031
BY ADV. SRI. BREEZ M.S, SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.01.2026,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.5349 of 2025
2026:KER:7773
2
ORDER
Dated this the 30th day of January, 2026
The petitioner is the sole accused in Crime No.1030 of
2023 of Nedumkandam Police Station. He filed this Crl.M.C
under Section 528 of the BNSS, 2023, praying for setting
aside Annexure A5 order of the Sessions Court, Thodupuzha,
cancelling his bail. The offences alleged against the
petitioner are under Sections 449, 324, 326, 307, 436 and
427 of the Indian Penal Code.
2. The prosecution case is that, on 08.11.2023, at
about 23:30 hours, the accused trespassed into the parental
house of his wife and attempted to murder his wife and her
father. In the incident, his wife and her father sustained
serious injuries and his father-in-law succumbed to injuries
on 09.11.2023. As per Annexure A1 order dated 25.11.2024,
this Court granted bail to the petitioner, subject to certain
conditions. In the said bail order, this Court made clear
that, in case the petitioner violates the bail conditions, the
jurisdictional court shall be empowered to consider the
2026:KER:7773
application for cancellation of bail, if any filed, and pass
orders on the same, in accordance with law. Alleging that
the petitioner violated the bail conditions, the prosecution
filed Annexure A3 before the learned Sessions Judge,
praying for cancelling petitioner's bail on the ground that he
has violated two conditions in Annexure A1 bail order. One
ground is that, he was subsequently involved in two other
criminal cases and the other violation is that, he entered the
limits of Nedumkandam Police Station. After hearing both
sides, the learned Sessions Judge passed Annexure A5
order, cancelling the petitioner's bail.
3. According to the learned Counsel for the petitioner,
the petitioner was falsely implicated in two NDPS cases,
subsequent to the bail order. Further, according to the
learned Counsel, his wife is not residing within the limits of
Nedumkandam Police Station and as such, there is no
violation of the bail condition that he shall not enter the
police station limits of his wife.
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4. The petition is strongly opposed by the learned
Public Prosecutor.
5. Since the learned Counsel for the petitioner raised a
specific contention that, since November, 2023, the wife of
the petitioner was not residing within the limits of
Nedumkandam Police Station and that, on 25.02.2025, on
the date of the alleged violation of bail condition, she was
not residing within the limits of Nedumkandam Police
Station, a report was called for from the SHO,
Nedumkandam Police Station. As per the report submitted
by the SHO, Nedumkandam Police Station, dated
29.01.2026, since 09.11.2023, the wife of the petitioner is
residing within the limits of Idukki district and also that, on
25.02.2025, she was not residing within the limits of
Nedumkandam Police Station. Since, condition No.(vi) in
Annexure A1 bail order was not to enter the police station
limits of his wife, and it is revealed that the wife of the
petitioner was not residing within the limits of
Nedumkandam Police Station on the alleged date of
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violation, it is to be held that the petitioner has not violated
condition No.(vi) of Annexure A1 bail order.
6. It is true that, the petitioner was involved in two
other cases while he was on bail. They are Crime No.233 of
2025 of Nedumkandam Police Station, under Section
20(b)II(A) and Crime No.19 of 2025 of Excise Enforcement
and Anti-Narcotic Special Squad, Idukki, under Section
20(b)II(B) of the NDPS Act.
7. Learned Counsel for the petitioner would argue that
the allegation in the above crimes is that, he was found in
possession of Ganja, in small quantity in Crime No.233 of
2025 and intermediate quantity in Crime No.19 of 2025.
Further, according to the Counsel, these crimes have
nothing to do with the case in which he was released on
bail.
8. It is true that, in the present case, he was charged
for committing murder of his father-in-law and the
subsequent cases are involving offence under the NDPS Act.
Further, as I have already noted above, the prosecution
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could not prove that the petitioner has entered the police
station limits of his wife. In the above circumstances, I hold
that, Annexure A5 order passed by the learned Sessions
Judge, cancelling the petitioner's bail is liable to be
interfered with.
In the result, this Criminal Miscellaneous Case is
allowed. Annexure A5 order of the Session Judge,
Thodupuzha, cancelling the petitioner's bail is set aside.
However, he is directed to comply with the bail conditions in
Annexure A1 order, strictly.
Sd/-
C.PRATHEEP KUMAR
JUDGE
NB/30-1
2026:KER:7773
APPENDIX OF CRL.MC NO. 5349 OF 2025
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE ORDER DATED 25.11.2024 IN BA NO
8608/2024 OF HIGH COURT OF KERALA
ANNEXURE A2 THE TRUE COPY OF THE FIR IN CRIME NO 233/2025 U/S
22(B) OF NEDUMKANDAM POLICE STATION
ANNEXURE A3 THE TRUE COPY OF THE CMP NO 1387/2025 DATED
04.03.2025 IN SC NO 164/2024 BEFORE III ADDITIONAL
DISTRICT AND SESSION COURT, THODUPUZHA
ANNEXURE A4 THE TRUE COPY OF THE OBJECTION DATED 20.03.2025 IN
CRL MP NO 1387/2025 IN SC NO 164/2024 OF III
ADDITIONAL DISTRICT COURT THODUPUZHA
ANNEXURE A5 THE CERTIFIED COPY OF THE ORDER DATED 25.03.2025 IN
CRL MP NO 1387/2025 IN SC NO 164/2024 OF III
ADDITIONAL DISTRICT AND SESSIONS COURT THODUPUZHA
ANNEXURE A6 THE TRUE COPY OF THE JUDGMENT DATED 26.02.2025 IN
CRL MC NO.96/2025 BEFORE THE SPECIAL COURT FOR II
ADDITIONAL DISTRICT/ NDPS COURT THODUPUZHA
TRUE COPY
P.A TO JUDGE
