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Kerala High Court
Abhinav vs State Of Kerala on 29 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:7104
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 29TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947
BAIL APPL. NO. 56 OF 2026
CRIME NO.1434/2025 OF KUNNAMKULAM POLICE STATION, THRISSUR
PETITIONERS/ACCUSED NO.1 TO 3:
1 ABHINAV
AGED 22 YEARS
S/O. PURUSHOTHAMAN, PANTHAYIL HOUSE, PORKULAM VILLAGE,
DESOM, KUNNAMAKULAMTALUK, THRISSUR DISTRICT, PIN -
680503
2 SREEPRAKASH
AGED 23 YEARS
S/O. RAVI, VELLAPARAMBIL HOUSE, KUNNAMKULAM VILLAGE,
ANAYICKAL DESOM, KUNNAMAKULAM TALUK, THRISSUR DISTRICT,
PIN - 680503
3 ABIJITH
AGED 22 YEARS
S/O. PRADEEP, NENMANIKKARA HOUSE, PORKULAM VILLAGE,
DESOM, KUNNAMAKULAM TALUK, THRISSUR DISTRICT, PIN -
680503
BY ADVS.
SRI.V.V.JOY
SMT.SRUTHI RAJIT
SMT.AZOONTHA ABRAHAM
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031
2 MANEESH K A
AGED 26 YEARS, S/O AJAYAGOSH, KURUMBOOR HOUSE, PORKULAM
VILLAGE, DESOM, KUNNAMAKULAM TALUK, THRISSUR DISTRICT,
B.A.No.56 of 2026
-2-
2026:KER:7104
PIN - 680503
SRI.K.A.NOUSHAD, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.56 of 2026
-3-
2026:KER:7104
ORDER
This application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, BNSS) seeking
regular bail.
2. The applicants are the accused Nos.1 to 3 in Crime
No.1434/2025 of Kunnamkulam Police Station, Thrissur District.
The offences alleged are punishable under Sections126(2),
115(2), 118 (2), 109 (1), read with Section 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the accused
persons, due to enmity towards the defacto complainant as he
touched the body of the applicant No.1 accidentally, on
29.11.2025 at 2 p.m. at West Mangad wrongfully restrained him
and slapped at his face with an intention to kill the defacto
complainant, beat at his face with a soda bottle which resulted
fracture to his teeth at upper jaw and also fracture at his nasal
bone. When the friends of the defacto complainant prevented
the attack of the applicant No.1, he tried to beat the defacto
complainant again, then the accused 1 to 6 kicked and beat
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them and thereby committed the above offenes.
4. I have heard Sri.V.V.Joy, the learned counsel for the
applicants and Sri.K.A.Noushad, 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 present case. The counsel further submitted that no
materials are on record to connect the applicants with the
alleged crime; hence, they are entitled to bail. On the other
hand, the learned Senior Public Prosecutor submitted that the
alleged incident occurred as a part of the intentional criminal
acts of the applicants, and they are not entitled to bail at this
stage.
6. The applicants were remanded to judicial custody on
30.11.2025. The learned Senior Public Prosecutor submitted
that the investigation continues and final report has not been
filed. Since sixty days have elapsed from the date of arrest of
the applicants, they are entitled for statutory bail. It is true
that the applicant No.1 has criminal antecedents. However, the
investigation is not complete even after the elapse of sixty days
2026:KER:7104
of the arrest of the applicants. For these reasons, I do not find
any reason to hold that the continued detention of the
applicants is required for any purpose. Hence, the applicants
are entitled to be released on bail.
In the result, the application is allowed on the following
conditions: -
(i) The applicants shall be released on bail 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
jurisdictional Magistrate/Court.
(ii) The applicants shall fully co-operate with the
investigation.
(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,
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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
the 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
SKP
2026:KER:7104
APPENDIX OF BAIL APPL. NO. 56 OF 2026
PETITIONERS' ANNEXURES:
Annexure 1 A TRUE COPY OF THE FIR IN CRIME
NO.1434/2025 OF KUNNAMKUALAM POLICE
STATION, THRISSUR DISTRICT DATED 30.11.2025
Annexure 2 A TRUE COPY OF THE ORDER OF THE JFCM COURT,
KUNNAMKULAM DATED 10.12.2025 IN CMP NO.
Annexure 3 A TRUE COPY OF THE JUDGMENT DATED
26.12.2025 PASSED BY THIS HONORABLE COURT
DISMISSING THE BAIL APPLICATION IN B.A. NO.
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
