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Kerala High Court
Aneesh T S vs State Of Kerala on 31 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:8295
BAIL APPL. NO. 14556 OF 2025
1
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. 14556 OF 2025
CRIME NO.1271/2025 OF Mulanthuruthy Police Station,
Ernakulam
PETITIONERS/ACCUSED NO.1 & 2:
1 ANEESH T S
AGED 31 YEARS
S/O SHAJU T T, THOLLIKKARIYIL HOUSE,
KULAYATTIKKARA, AMBALLUR P.O, ERNAKULAM
DISTRICT, PIN - 682315
2 VISHNU P K
AGED 31 YEARS
S/O KARUNAKARAN, PAHUVELIL, KULAYATTIKKARA,
AMBALLUR P.O, ERNAKULAM DISTRICT, PIN - 682315
BY ADVS.
SRI.K.MOHAMMED RAFEEQ
SRI.BIBIN MATHEW
SRI.P.M.MATHEW
SRI.AMARNATH R LAL
SMT.VISHNUMAYA ANANDAN
SHRI.SANALDEV E.P.
SHRI.SONYMON ANTONY
SHRI.ABHIJITH P.A.
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
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BAIL APPL. NO. 14556 OF 2025
2
2 STATION HOUSE OFFICER
MULANTHURUTHY POLICE STATION, NEAR
KANJIRAMATTOM, ERNAKULAM DISTRICT, PIN - 682314
BY ADV.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:
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BAIL APPL. NO. 14556 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 and 2
in Crime No.1271/2025 of Mulanthuruthy Police Station,
Ernakulam District. The offences alleged are punishable under
Sections 126(2), 115(2), 118(1), 296(b), 110 read with 3(5) of
the Bharatiya Nyaya Sanhita, 2023 (for short, BNS).
3. The prosecution case, in short, is that on
16.11.2025 at about 10.30 p.m., while the defacto
complainant and his friend were present in a bar hotel, the
accused persons assaulted them using an unknown weapon,
causing head injury to the friend of the defacto complainant.
4. I have heard Sri.K.Mohammed Rafeeq, 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
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BAIL APPL. NO. 14556 OF 2025
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 incident occurred in a bar. Admittedly,
there was clash between the defacto complainant and the
applicants. There is no indication in the First Information
Statement that any weapon has been used, so as to attract
Section 118(1). The applicants do not have any 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/-
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BAIL APPL. NO. 14556 OF 2025
(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.
(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
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BAIL APPL. NO. 14556 OF 2025
violating the bail conditions shall be filed at the jurisdictional
court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
Mn
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BAIL APPL. NO. 14556 OF 2025
APPENDIX OF BAIL APPL. NO. 14556 OF 2025
PETITIONER ANNEXURES
Annexure-1 TRUE COPY OF THE FIR IN CRIME NO.
1271/2025 OF MULANTHURUTHY POLICE
STATION
Annexure-2 TRUE COPY OF THE MEDICAL RECORDS OF
THE SECOND PETITIONER/ ACCUSED NO.2
Annexure-3 TRUE COPY OF THE ORDER DATED
05.12.2025 IN CRL. M.C. NO 3406/2025
ON THE FILE OF THE HONOURABLE DISTRICT
AND SESSIONS COURT, ERNAKULAM
