[Cites 0, Cited by 0]
Kerala High Court
Bibin Thomas @ Jomon vs State Of Kerala on 12 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
BAIL APPL. NO. 13371 OF 2025
1
2026:KER:1900
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 12TH DAY OF JANUARY 2026 / 22ND POUSHA, 1947
BAIL APPL. NO. 13371 OF 2025
CRIME NO.1006/2025 OF KUMALY POLICE STATION, IDUKKI
AGAINST THE ORDER/JUDGMENT DATED 24.10.2025 IN CRMC
NO.642 OF 2025 OF DISTRICT COURT & SESSIONS COURT/RENT
CONTROL APPELLATE AUTHORITY, THODUPUZHA
PETITIONER/ACCUSED 1 AND 2:
1 BIBIN THOMAS @ JOMON,
AGED 32 YEARS
S/O. THOMAS JOSEPH, THAYIL HOUSE,
MURUKADY P.O., ODAMEDU, KUMALY,
IDUKKI DISTRICT, PIN - 685535
2 VINEESH T.V.,
AGED 37 YEARS
S/O. VIDHYADHARAN,
THEKKEPURAYIDATHIL HOUSE,
ODAMEDU, KUMALY,
IDUKKI DISTRICT, PIN - 685509
BY ADVS.
SRI.T.A.UNNIKRISHNAN
SHRI,ARJUN VARMA
SMT.T. SREELAKSHMI UNNIKRISHNAN
SHRI.ROHITH R.
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
BAIL APPL. NO. 13371 OF 2025
2
2026:KER:1900
OTHER PRESENT:
SRI. M.C. ASHI-SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO. 13371 OF 2025
3
2026:KER:1900
ORDER
This application is filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking pre-arrest bail.
2. The applicants are the accused Nos. 1 and 2 in
Crime No.1006/2025 of Kumaly Police Station, Idukki District. The
offences alleged are punishable under Sections 189(2), 191(2),
191(3), 127(2), 115(2), 118(1), 118(2), 140(4), 296(b), 351(3),
r/w Section 190 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
05.10.2025 at about 11:15 a.m., at Kumali Kara in Kumali
Village, on the side lane behind the Kumali bus stand, the
applicants and other accused persons, in prosecution of their
common object, formed themselves into an unlawful assembly,
the accused Nos.2 to 5 forcibly took the de facto complainant
and Anish, who was with him, into a jeep and accused Nos.2 to 4
verbally abused, physically assaulted, and threatened both the
de facto complainant and Anish. Thereafter, upon reaching near
the Theyilakkadu area close to Chenkara, someone in the jeep
pushed the de facto complainant out of the vehicle from behind,
causing him to fall. As the de facto complainant attempted to get
up, the accused No.1, who had arrived by car at that time, struck
BAIL APPL. NO. 13371 OF 2025
2026:KER:1900
both of his legs with a cricket bat, also hitting the left ankle area
and the upper part of the right calf, resulting in fractures.
Subsequently, the accused Nos.3 and 4 kicked the defacto
complainant, while the accused Nos.2 to 4 assaulted Anish on
various parts of his body, and thereby committed the aforesaid
offences.
4. I have heard Sri. T.A. Unnikrishnan, the learned
counsel for the applicants and Sri. M.C. Ashi, the learned Senior
Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicants
submitted that the applicants are innocent and have been falsely
implicated in the above crime. The counsel further submitted
that no materials are on record to connect the applicants with
the alleged crime; hence, they are entitled to get bail. The
learned Senior Public Prosecutor, on the other hand, submitted
that the alleged incident occurred as a part of the intentional
criminal acts of the applicants, and if they are released on bail at
this stage, it will affect the course of the investigation.
6. A perusal of the case records would show that
the de facto complainant committed theft at the house of the
accused No.1 and the crime has been registered against the said
incident. The investigation is almost over. The cricket bat
BAIL APPL. NO. 13371 OF 2025
2026:KER:1900
allegedly used for committing the offence has already been
recovered. Considering the allegations made against the
applicants, their custodial interrogation seems unnecessary. For
these reasons, I find this to be an appropriate case to grant pre-
arrest bail to the applicants.
In the result, the application is allowed on the following
conditions:-
(i) The applicants shall be released on bail in the
event of their arrest on executing a bond for Rs.1,00,000/-
(Rupees One lakh only) each 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 applicants shall fully cooperate with the
investigation, including subjecting themselves to the deemed
police custody for discovery, if any, as and when demanded.
(iii) The applicants shall appear before the
investigating officer between 10.00 a.m. and 11.00 a.m. every
Saturday until further orders. They shall also appear before the
investigating officer as and when required.
(iv) The applicants shall not commit any offence of
a like nature while on bail.
(v) The applicants shall not attempt to contact any
BAIL APPL. NO. 13371 OF 2025
2026:KER:1900
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 applicants 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
LU
BAIL APPL. NO. 13371 OF 2025
2026:KER:1900
APPENDIX OF BAIL APPL. NO. 13371 OF 2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE ORDER DATED 24/10/2025
IN CRL.M.C. NO. 642/2025 OF THE SESSIONS
COURT, THODUPUZHA
// True Copy // PA To Judge
