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Kerala High Court
Sachu Kumar vs State Of Kerala on 19 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:4314
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 19TH DAY OF JANUARY 2026/29TH POUSHA, 1947
BAIL APPL. NO. 101 OF 2026
CRIME NO.2489/2025 OF ADOOR POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED 03.01.2026 IN CRMP NO.9720 OF
2025 OF DISTRICT COURT& SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, PATHANAMTHITTA
PETITIONERS/ACCUSED NOS.1-5:
1 SACHU KUMAR
AGED 37 YEARS, SON OF K.P. MURALI,
SOUMYA BHAVANAM, KANNAMKODU, ADOOR,
PATHANAMTHITTA, KERALA, PIN - 691523
2 HASHIK
AGED 27 YEARS, SON OF SHAFEEK,
HASHIM MANZIL, KANNAMKODU, ADOOR,
PATHANAMTHITTA, KERALA, PIN - 691523
3 MUHAMMED HASHIM
AGED 29 YEARS, SON OF SHAFEEK,
HASHIM MANZIL, KANNAMKODU, ADOOR,
PATHANAMTHITTA, KERALA, PIN - 691523
4 MUHAMMED NOUFAL @ NOUFAL NAZAR
AGED 27 YEARS, SON OF NAZARUDHEEN,
MUHAMMED MANZIL, ARUKALICKAL, ADOOR,
PATHANAMTHITTA, KERALA, PIN - 691523
5 NOUSHAD @ NOUFAL NAZAR
AGED 40 YEARS, SON OF RAMLATH BHEEGAM,
NOUSHAD MANZIL, ADOOR, PATHANAMTHITTA,
KERALA, PIN - 691523
BAIL APPL. NO. 101 OF 2026
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BY ADVS.
SHRI.BALAMURALI K.P.
SHRI.ATHUL POULOSE
SMT.HARIPRIYA.M
SMT.KHADEEJATH RUKSANA K.
SMT.CHRISTEENA P GEORGE
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV.
SRI, M,C,ASHI(SR,PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 101 OF 2026
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ORDER
Dated this the 19th day of January, 2026
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 to 5
in Crime No.2489/2025 of Adoor Police Station,
Pathanamthitta District. The offences alleged are
punishable under Sections 296(b), 333, 115(2), 118(1),
74, 79, 351(3), 189(2), 191(2) and 191(3) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
13/12/2025 at about 01:30 p.m., the applicants along with
the remaining accused trespassed into the house of the
defacto complainant, criminally intimidated him and
assaulted him. When the daughter of the defacto
complainant intervened, the applicant No.1 hurled abusive
words on her, pushed her backwards by catching hold of
her breast and thereby committed the offences.
4. I have heard Sri. Balamurali K.P., the
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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. Going by the records, it is seen that no
weapon has been used by any of the applicants.
Therefore, the offence under Section 118(1) is not prima
facie attracted. There is no allegation to attract the
offence under Section 74 against accused Nos.2 to 5. The
allegation is that it was the accused No.1, who caught hold
of the breast of the defacto complainant when she
intervened in the scuffle. Therefore, I am of the view that
this is a fit case where accused Nos.2 to 5 can be granted
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pre-arrest bail. The learned Senior Public Prosecutor
submitted that accused No.3 has strong criminal
antecedents. Since the basic ingredients of the offence are
not attracted, I am inclined to grant pre-arrest bail to him
also. As already stated, there is prima facie allegation to
attract the offence under Section 74 of BNS against the
accused No.1. Hence, he is not entitled for pre-arrest bail.
For these reasons, I find this to be an appropriate case to
grant pre-arrest bail to the applicant Nos. 2 to 5.
In the result, the application is allowed in part on
the following conditions:-
(i) The applicant Nos. 2 to 5 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 applicant Nos. 2 to 5 shall fully
cooperate with the investigation, including subjecting
themselves to the deemed police custody for discovery, if
any, as and when demanded.
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(iii) The applicant Nos. 2 to 5 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 applicant Nos. 2 to 5 shall not commit
any offence of a like nature while on bail.
(v) The applicant Nos. 2 to 5 shall not
attempt to contact any 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 applicant Nos. 2 to 5 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.
If the applicant No.1 surrenders before the
Investigating Officer, within 7 days from today, the
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Investigating Officer shall interrogate him and if after
interrogation forms an opinion that the accused No.1 is to
be arrested, shall record the arrest of the accused No.1
and produce him before the jurisdictional Magistrate on the
same day itself. The bail application, if any, filed by the
applicant No.1 shall be considered by the learned
Magistrate on the same day itself, as far as possible.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ARK
BAIL APPL. NO. 101 OF 2026
2026:KER:4314
APPENDIX OF BAIL APPL. NO. 101 OF 2026
PETITIONER ANNEXURES
ANNEXURE-1 THE TRUE PHOTOCOPY OF THE ELECTION RESULT OF
WARD NO.22 OF ADOOR MUNICIPALITY NAMED
AYYAPPANPARA WARD PUBLISHED IN STATE ELECTION
COMMISSION SITE
ANNEXURE-2 THE TRUE COPY OF THE INTERIM ORDER OF THIS
HON'BLE COURT IN CRL.M.C. NO.11611/2025 DATED
19/12/2025
ANNEXURE-3 THE TRUE COPY OF THE STATUS REPORT OF CRIME
NO.2575/2025 OF ADOOR POLICE STATION
ANNEXURE-4 THE TRUE COPY OF THE BAIL ORDER IN CRL.M.P.
NO.9720/2025 DATED 03/01/2026 PASSED BY THE
SESSIONS COURT, PATHANAMTHITTA
