[Cites 3, Cited by 0]
Kerala High Court
Sandeep vs State Of Kerala on 31 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.307 & 259 of 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
BAIL APPL. NO. 307 OF 2026
CRIME NO.3057/2025 OF Kollam East Police Station, Kollam
AGAINST THE JUDGMENT DATED 13.01.2026 IN Bail Appl.
NO.258 OF 2026 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.2:
SANDEEP, AGED 23 YEARS
S/O SANTHOSH, NEDUM PURAYIDOM, LAKSHAM VEEDU,
KUREEPUZHA, KAVANAD PO, KOLLAM, PIN - 691003
BY ADV SHRI.SREERAJ M.D.
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.01.2026, ALONG WITH Bail Appl..259/2026, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.307 & 259 of 2026
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2026:KER:8076
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
BAIL APPL. NO. 259 OF 2026
CRIME NO.3057/2025 OF Kollam East Police Station, Kollam
PETITIONERS:
1 DINESH,
AGED 20 YEARS
S/O KUMARESAN, KANICHERY VEEDU, KUREEPUZHA,
KAVANAD PO, KOLLAM, PIN - 691003
2 VISHNU,
AGED 25 YEARS
S/O MINI, NEDUM PURAYIDOM, LAKSHAM VEEDU,
KUREEPUZHA, KAVANAD PO, KOLLAM, PIN - 691003
BY ADV SMT.NEELANJANA NAIR
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF
KERALA ERANAKUALM, PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.01.2026, ALONG WITH Bail Appl..307/2026, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.307 & 259 of 2026
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ORDER
These applications are 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, 2 and 4
in Crime No. 3057/2025 of Kollam East Police Station, Kollam
District. The offences alleged are punishable under Sections
351(2), 296(b), 189(2) and 191(2) read with Section 190 of the
Bharatiya Nyaya Sanhita, 2023, Sections 3 and 4 of the Kerala
Healthcare Service Persons and Healthcare Service Institutions
(Prevention of Violence and Damage to Property) Act, 2012 and
Section 3(1) of the Prevention of Damage to Public Property Act,
1984. B.A.No.307/2026 is filed by the accused No.2 and
B.A.No.259/2026 is filed by the accused Nos. 4 and 1.
3. The prosecution case, in short, is that on
30.11.2025 at 19.40 hours, the accused Nos. 1 to 8 had
trespassed into the procedure room of the casualty of the Kollam
District Hospital by breaking open the glass door, as a result of
which, the face of the security-guard got injured. Another nurse
was also injured. They also verbally abused the casualty medical
officer and attempted to strike him with hands, creating damage
B.A.No.307 & 259 of 2026
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of property worth ₹5,000/-. Thus, the accused have committed
the above offences.
4. I have heard Sri. Sreeraj M.D and Smt.
Neelanjana Nair, 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. The learned
Senior Public Prosecutor, on the other hand, submitted that the
alleged incident occurred as part of the applicants' intentional
criminal acts, and if they are released on bail at this stage, it will
affect the course of the investigation.
6. The law regarding the grant or refusal of pre-
arrest bail is well settled. Pre-arrest bail cannot be granted as a
matter of course. The power under Section 482 of BNSS could
be exercised only when a special case is made out, that too,
recording reasons thereof. Perusal of the case diary reveals that
the accusation made against the applicants is very serious in
nature, and it prima facie shows a premeditated criminal act on
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their part. In the incident, a security guard, a nurse and one of
the staff of the hospital sustained injury.
The investigation is in a preliminary stage. The custodial
interrogation of the applicants is necessary for the investigation.
As rightly argued by the learned Senior Public Prosecutor, the
possibility of the applicants influencing the witnesses and
interfering with the investigation cannot be ruled out if they are
released on bail. Considering the gravity of the offence and
stage of the investigation, I am of the view that these are not fit
cases where the extraordinary jurisdiction vested with this Court
under Section 482 of BNSS could be invoked. The bail
applications are, accordingly, dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
B.A.No.307 & 259 of 2026
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APPENDIX OF BAIL APPL. NO. 307 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF FIR IN CRIME NO.
3057/2025 OF KOLLAM EAST POLICE STATION,
KOLLAM DATED 01.12.2025
Annexure A2 A TRUE COPY OF THE ORDER FROM SESSIONS
COURT IN CRL MC NO 3457/2025 DATED
8/01/2026
B.A.No.307 & 259 of 2026
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APPENDIX OF BAIL APPL. NO. 259 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF FIR IN CRIME NO.
3057/2025 OF KOLLAM EAST POLICE STATION,
KOLLAM DATED 01.12.2025
Annexure A2 A TRUE COPY OF THE ORDER OF THE
PRINCIPAL SESSIONS COURT, KOLLAM, DATED
8/1/2026
