[Cites 0, Cited by 0]
Kerala High Court
Sarath Das vs State Of Kerala on 29 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:7468
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. 14350 OF 2025
CRIME NO.2532/2025 OF KOTTARAKKARA POLICE STATION, KOLLAM
AGAINST THE ORDER DATED 21.11.2025 IN CRMC NO.2927 OF 2025
OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL APPELLATE
AUTHORITY, KOLLAM
PETITIONERS/ACCUSED 1 TO 4:
1 SARATH DAS
AGED 28 YEARS
S/O SIVADASAN, SYAMA BHAVAN, KALLADA P.O, KALLADA,
KOLLAM DISTRICT, PIN - 691502
2 SUMESH K
AGED 29 YEARS
S/O.OMANAKUTTAN, SUSILA BHAVAN, ERANOOR, PANAVELI P.O,
KOTTARAKARA, KOLLAM DISTRICT, PIN - 691532
3 NISHANTH B.S
AGED 23 YEARS
S/O. BAIJU, CHARUVILA PUTHEN VEEDU, ERANOOR, PANAVELI
P.O, KOTTARAKARA, KOLLAM DISTRICT, PIN - 691532
4 AROMAL A
AGED 23 YEARS
S/O. ASOKAN, ASWATHI BHAVAN, KOTTATHALA P.O,
KOTTARAKARA, KOLLAM DISTRICT, PIN - 691507
BY ADV SRI.A.R.DILEEP
RESPONDENT/STATE & INFORMANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
B.A.No.14350 of 2025
-2-
2026:KER:7468
2 STATION HOUSE OFFICER
KOTTARAKARA POLICE STATION, KOLLAM DISTRICT, PIN -
691506
SMT.SREEJA V., 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.14350 of 2025
-3-
2026:KER:7468
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 4 in Crime
No.2532/2025 of Kottarakkara Police Station, Kollam District.
The offences alleged are punishable under Sections 32(c),
115(2), 118(1), 117(2), 351(2), 324(4) read with Section 3(5)
of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that due to
previous animosity against the informant, with intention to
cause physical harm to him, on 02.11.2025, the applicants
trespassed into the painting workshop being run by the
informant in two motor cycles and the applicant No.2 caught
hold on the shirt of the informant and the applicant No.1 caused
fracture on his nose by hitting him. They beat on his head and
face causing pain. When he tried to escape, applicant Nos.3 and
4 came to the workshop and the applicant No.3 beat him with a
stick on his ankle causing pain. Applicant Nos.1, 2 and 4
2026:KER:7468
stamped him causing pain, when he fell on the ground and
threatened, Savio and Bineesh tried to intercept them. The
applicant No.3 fisted on his head with a fiber glass taken from
the adjacent shop of one Manoj. Rs.45,000/ - fell down from his
pocket was taken by applicant Nos.2 and 3 and the applicant
No.1 beat him on his head with a helmet and thereby
committed the above offences.
4. I have heard Sri.A.R.Dileep, the learned counsel for
the applicants and Smt.Sreeja V., 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. The only non-bailable offence alleged is under
2026:KER:7468
Section 118(1). The allegation in the FIS is that, applicant No.1
fisted on the nose of the defacto complainant and he sustained
nasal bone fracture. Hence, there is no allegation that any
weapon has been used by the applicant No.1 for causing
fracture. 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-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
2026:KER:7468
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.
(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
SKP
2026:KER:7468
APPENDIX OF BAIL APPL. NO. 14350 OF 2025
PETITIONERS' ANNEXURES:
Annexure 1 A TRUE COPY OF FIR IN CRIME NO. 2532/25
DATED 04.11.2025 OF KOTTARAKARA POLICE
STATION, KOLLAM DISTRICT
Annexure 2 A TRUE COPY OF ORDER DATED 21.11.2025 IN
CRL.M.C.NO. 2927/2025 OF THE COURT OF
SESSIONS DIVISION , KOLLAM
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
