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Kerala High Court
Vijayan E.R vs State Of Kerala on 31 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 14248 of 2025
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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. 14248 OF 2025
CRIME NO.1211/2025 OF KUNNATHUNADU POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.1:
VIJAYAN E.R,
AGED 64 YEARS, VIJAYAN E.R,
S/O RAMAN, INJAPPUZHA HOUSE,
NORTH MAZHUVANNOOR,
MAZHUVANOOR PO, MAZHUVANOOR,
KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN - 686669
BY ADVS.
SRI.P. VIJAYABHANU (SR.)
SHRI.AKHIL FAISAL
SHRI.AJAY C. S.
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
* 2 JESSY ALBERT
W/O ALBERT, AGED 72 YEARS,
KONNOTHU HOUSE, KAVITHAPADY BHAGAM ,
AIRAPURAM KARA, ERNAKULAM
*[ADDITIONAL R2 IS IMPLEADED VIDE ORDER DATED
19.12.2025 IN CRL.M.A.NO.1/2025 IN
B.A.No. 14248 of 2025
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B.A.NO.14248/2025]
BY ADVS.
SMT.S.SUJINI
SMT.POOJA VENKAT
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No. 14248 of 2025
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ORDER
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 No.1 in Crime
No.1211/2025 of Kunnathunad Police Station, Ernakulam
District. The offences alleged are punishable under Sections
296(b), 110, 118(1), 115(2), 333 and 351(3) r/w Section
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that out of the
dispute with respect to the house occupied by the defacto
complainant, on 13.10.2025 at about 05.00 p.m., the accused
trespassed into the sit-out of the house occupied by the
defacto complainant. The applicant assaulted and inflicted
injuries on the head of the daughter of the defacto
complainant with a billhook. When the defacto complainant
tried to prevent the same, she was also assaulted with back
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side of billhook and thereby committed the offences.
4. I have heard Sri. P.Vijayabhanu, the learned senior
counsel, as instructed by Sri.Akhil Faisal, the learned counsel
for the applicant, Smt.S.Sujini, the learned counsel for
additional respondent No.2 and Sri.K.A.Noushad, the learned
Senior Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted
that the applicant is innocent and has been falsely implicated
in the present case. 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. The applicant is the landlord of the defacto
complainant. There are prima-facie materials to show the
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involvement of the applicant with the crime. In the incident,
the defacto complainant and her daughter sustained injuries;
however, the injuries are not serious in nature. The
investigation is in a preliminary stage.
7. Having heard the learned senior counsel for the
applicant, the learned Senior Public Prosecutor and the
learned counsel for the additional respondent No.2/defacto
complainant, I am not inclined to exercise the extraordinary
jurisdiction vested with this Court under Section 482 of BNSS.
However, I am of the view that this is a fit case where the
applicant can be directed to appear before the investigating
officer. Hence, the following order is passed:-
8. If the applicant surrenders before the investigating
officer within one week from today, the investigating officer
shall interrogate him and after interrogation if the
investigating officer forms an opinion that the applicant is to
be arrested, the investigating officer shall record the arrest of
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the applicant and produce him before the jurisdictional
Magistrate. The bail application if any moved by the applicant
shall be disposed of by the learned Magistrate, in accordance
with law, as far as possible on the same day itself. A copy of
the bail application shall be given to the learned Public
Prosecutor in advance.
The bail application is, accordingly, dismissed with the
above observations.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
APA
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APPENDIX OF BAIL APPL. NO. 14248 OF 2025
PETITIONER ANNEXURES
ANNEXURE 1 THE TRUE COPY OF THE CASUALTY TICKET ISSUED BY
GENERAL HOSPITAL, MUVATTUPUZHA.
ANNEXURE 2 THE TRUE COPY OF THE NOTICE BEARING REF. NO.
375/10/2021-A3-247 ISSUED BY THE KSFE,
PERUMBAVOOR BRANCH, DATED 20/10/2023.
ANNEXURE 3 THE TRUE COPY OF THE LAWYER NOTICE ISSUED BY
THE DEFACTO COMPLAINANT.
ANNEXURE 4 THE TRUE COPY OF THE RECIEPT ISSUED FROM THE
OFFICE OF SUPERINTENDENT OF POLICE UPON
RECIEVING COMPLAINT FILED BY PETITIONER.
ANNEXURE 5 THE TRUE COPY OF E-COURT STATUS DOWNLOADED
FROM THE OFFICIAL WEBSITE IN RESPECT OF C.C.
NO. 1385 OF 2019 OF THE JFCM-II, KOCHI.
ANNEXURE 5(a) THE TRUE COPY OF E-COURT STATUS DOWNLOADED
FROM THE OFFICIAL WEBSITE IN RESPECT OF C.C.
NO. 144 OF 2023 OF THE HON'BLE JFCM-I,
CHERTHALA
ANNEXURE 6 THE TRUE COPY OF THE ORDER PASSED BY THE
HON'BLE DISTRICT AND SESSIONS COURT, ERNAKULAM
IN CRL. MC. 3001/2025 DATED 10-11-2025.
ANNEXURE 7 THE TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY SAMARITAN HEART INSTITUTE DATED
23/06/2025.
ANNEXURE 8 THE TRUE COPY OF CMP NO. 84/2021.
