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Kerala High Court
Simon P.V vs State Of Kerala on 19 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:4419
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. 12830 OF 2025
CRIME NO.729/2025 OF MEENANGADI POLICE STATION, WAYANAD
AGAINST THE ORDER/JUDGMENT DATED 08.10.2025 IN CRMC NO.696 OF 2025
OF DISTRICT COURT & SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL &
RENT CONTROL APPELLATE AUTHORITY, KALPETTA
PETITIONER/ACCUSED:
SIMON P.V.
AGED 53 YEARS, S/O VARGHESE,
PULPARAMBIL HOUSE, VAZHAVATTA POST,
MUTTIL SOUTH VILLAGE, VYTHIRI TALUK,
WAYANAD DISTRICT, PIN - 673122
BY ADV SRI.JESWIN P.VARGHESE
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BY ADV.
SMT.M.K.PUSHPALATHA(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. 12830 OF 2025
2
2026:KER:4419
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 applicant is the accused in Crime
No.729/2025 of Meenangadi Police Station, Wayanad
District. The offences alleged are punishable under Section
106 of the Bharatiya Nyaya Sanhita, 2023 and Section
135(e) of the Electricity Act, 2003 and Regulation 14(1)
and 32(8) of the Central Electricity Authority (Measures
relating to Safety and Electric Supply) Regulations, 2023.
3. The prosecution case, in short, is that, on
25.07.2025, two persons namely Mr.Shinu and Mr.Anoop
died due to electrocution at the poultry farm owned by the
applicant and the death occurred on account of the gross
negligence on his part and thereby committed the offences.
4. I have heard Sri. Jeswin P.Varghese, the
learned counsel for the applicant and Smt.
M.K.Pushpalatha, the learned Senior Public Prosecutor.
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2026:KER:4419
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 stage, it will affect the course of the
investigation.
6. According to the applicant, though he is
the title owner of the premises where the poultry farm was
running, he leased it out to the deceased by the first week
of July, 2025 and they were in possession of the premises
and conducting the farm. The FIS was given by one Bency,
a close relative of the deceased. She has confirmed in the
FIS that the deceased were conducting the poultry farm
after obtaining the premises on lease from the applicant.
The inquest report contains the statement of Thomas, the
BAIL APPL. NO. 12830 OF 2025
2026:KER:4419
maternal uncle of the deceased, who also confirms that the
deceased were conducting the poultry farm after taking it
on lease from the applicant. In the inquest report, the
father-in-law of the deceased Anoop also said so. 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.
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.
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2026:KER:4419
(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 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
ARK
BAIL APPL. NO. 12830 OF 2025
2026:KER:4419
APPENDIX OF BAIL APPL. NO. 12830 OF 2025
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE FIR REGISTERED AS CRIME
NO. 729/2025 AT MEENANGADI POLICE STATION IN
WAYANAD DISTRICT DATED 25.07.2025 ALONG WITH
THE FIS
ANNEXURE A2 A TRUE COPY OF INQUEST REPORT OF DECEASED
SHINU DATED 25.07.2025
ANNEXURE A3 A TRUE COPY OF INQUEST REPORT OF DECEASED
ANOOP DATED 25.07.2025
ANNEXURE A4 A TRUE COPY OF THE ORDER PASSED BY SESSIONS
COURT, KALPETTA, WAYANAD IN CRL. MC NO.
696/2025 DATED 08.10.2025
