Citation : 2026 Latest Caselaw 729 Ker
Judgement Date : 23 January, 2026
2026:KER:5776
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947
BAIL APPL. NO. 14400 OF 2025
CRIME NO.973/2025 OF MUNNAR POLICE STATION, IDUKKI
AGAINST THE JUDGMENT DATED 31.10.2025 IN Bail Appl.
NO.11863 OF 2025 OF HIGH COURT OF KERALA
PETITIONERS/ACCUSED NOS.1 TO 5:
1 RAJESH KANNAN
AGED 50 YEARS, S/O. EASWARAN, IKKA NAGAR, MUNNAR
VILLAGE, DEVIKULAM TALUK., PIN - 685612
2 RAGESH
AGED 26 YEARS, S/O. RAJAN, FACTORY DIVISION,
PERIYAVARAI ESTATE, KANNAN DEVAN HILL P.O, MUNNAR
VILLAGE, DEVIKULAM TALUK., PIN - 685612
3 DHANUSH KUMAR R.
AGED 23 YEARS, S/O. RAVO SAMLAR R.,HIGH RANGE
CLUB, CHOKKANAD ROAD, KANNAN DEVAN HILL P.O,
MUNNAR VILLAGE, DEVIKULAM TALUK., PIN - 685612
4 MUGESH
AGED 20 YEARS, S/O. RAJESH KANNAN, IKKA NAGAR,
MUNNAR VILLAGE, DEVIKULAM TALUK., PIN - 685612
5 AKASH R.
AGED 24 YEARS, S/O. RAJESH KANNAN, IKKA NAGAR,
MUNNAR VILLAGE, DEVIKULAM TALUK., PIN - 685612
SRI.JAISON JOSEPH
SRI.JIMMY JOSEPH
SMT.VEENA VALLIKANTHAN
SMT.ROBEKA JOHN
SMT.SANIYA JOSE MAMPILLY
2026:KER:5776
BAIL APPL. NO. 14400 OF 2025
2
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
MUNNAR POLICE STATION,
IDUKKI DISTRICT., PIN - 685612
SMT.M.K. PUSHPALATHA, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:5776
BAIL APPL. NO. 14400 OF 2025
3
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 to 5 in Crime
No.973/2025 of Munnar Police Station, Idukki District. The offences
alleged are punishable under Sections 189(1), 190, 191(2),
126(1), 296(b), 115(1), 118(1) and 324(4) read with Section 110
of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. The prosecution case, in short, is that on 31.08.2025 at
about 8.00 p.m. the applicants and other accused, in prosecution
of their common object, formed themselves into an unlawful
assembly, wrongfully restrained the defacto complainant on
Colony Road at Munnar Kara in Munnar Village near Guru's Hotel,
verbally abused him and caused mental distress, whereupon the
accused No.1 allegedly assaulted him with a screw driver and
struck the back of his head with a bangle worn on hand, causing
pain and injury. As the defacto complainant fell to the ground
owing to the assault, accused Nos.1 to 6 kicked him on his chest
and back, inflicting further pain and during the course of the 2026:KER:5776 BAIL APPL. NO. 14400 OF 2025
incident, the gold chain weighing one and a half sovereigns worn
by the defacto complainant, his mobile and Rs.3,600/- in cash
were lost and thereby the aforesaid offences were committed.
4. I have heard Sri.Jaison Joseph, the learned counsel for
the applicants and Smt.M.K.Pushpalatha, 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. Annexure A4 would show that accused No.4 has sustained
serious injuries. However, no serious injury has been sustained by
the defacto complainant. The applicants have no criminal
antecedents. 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-
2026:KER:5776 BAIL APPL. NO. 14400 OF 2025
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 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.
2026:KER:5776 BAIL APPL. NO. 14400 OF 2025
(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
NP 2026:KER:5776 BAIL APPL. NO. 14400 OF 2025
APPENDIX OF BAIL APPL. NO. 14400 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE PHOTOCOPY OF THE FIR ALONG WITH FI STATEMENT IN CRIME NO.973 OF 2025 OF MUNNAR POLICE STATION Annexure A2 THE TRUE PHOTOCOPY OF THE ORDER IN B.A. NO.11863 OF 2025 DATED 31.10.2025 ON THE FILE OF THE HON'BLE HIGH COURT OF KERALA Annexure A3 THE TRUE COPY OF THE ORDER IN CRIMINAL M.C. NO.806 OF 2025 ON THE FILE OF HON'BLE SESSIONS COURT, THODUPUZHA Annexure A4 THE TRUE PHOTOCOPY OF THE MEDICAL CERTIFICATE ISSUED TO PETITIONER NO.4 FROM THE HIGH RANGE HOSPITAL, MUNNAR DATED 25.11.2025 Annexure A5 . THE TRUE PHOTOCOPY OF THE CASH PAYMENT RECEIPT ISSUED TO THE PETITIONER NO.4 FROM THE HIGH RANGE HOSPITAL, MUNNAR DATED 31.08.2025
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