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Kerala High Court
Sarathlal vs State Of Kerala on 31 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:8333
BAIL APPL. NO. 14786 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. 14786 OF 2025
CRIME NO.1331/2025 OF Narakkal Police Station, Ernakulam
PETITIONERS/ACCUSED NOS.1 TO 4:
1 SARATHLAL
AGED 33 YEARS
KAVUNKAL HOUSE, NAYARAMBALAM P.O ERNAKULAM
DISTRICT, PIN - 682509
2 SANJU
AGED 27 YEARS
VALAPPIL HOUSE, NAYARAMBALAM P.O.,ERNAKULAM
DISTRICT, PIN - 682509
3 SALU
AGED 51 YEARS
VALAPPIL HOUSE, NAYARAMBALAM P.O,ERNAKULAM
DISTRICT, PIN - 682509
4 SHAMSHAD
AGED 27 YEARS
AMBALATHU VEEDU, KUZHIPPILLY,ERNAKULAM
DISTRICT, PIN - 682501
BY ADV SRI.IEANS.C.CHAMAKKALA
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY THE SHO, NARAKKAL POLICE STATION
THROUGH THE PUBLIC PROSECUTOR,ERNAKULAM
DISTRICT, PIN - 682031
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BAIL APPL. NO. 14786 OF 2025
2
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. 14786 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 to 4 in
Crime No.1331/2025 of Narakkal Police Station, Ernakulam
District. The offences alleged are punishable under Sections
189(2), 191(2), 190, 115(2), 118(1), 126(2) and 324(3) of the
Bharatiya Nyaya Sanhita, 2023 (for short, BNS).
3. The prosecution case, in short, is that the
defacto complainant is the driver of a bus named 'KUMAR'
bearing registration no. KL-38F-4720. At about 07.15 p.m on
10.11.2025, when the said bus was plying empty towards
Cherai and when the same reached at Edavanakkad Aniyal
Junction, 5 persons who came in two motor cycles waylaid the
said bus, entered into the bus and attacked the defacto
complainant and two of his friends with steel pipe and helmet
whereby they sustained injury on their head, face and leg.
4. I have heard Sri.Ieans.C.Chamakkala, the
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BAIL APPL. NO. 14786 OF 2025
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 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. I went through the First Information
Statement. There are specific overt acts against applicant
Nos.1, 2 and 4. They have used weapons also. The defacto
complainant and the injured sustained injuries in the incident.
However, as against the applicant No.3, who is the father of
the applicant No.2, there is no serious allegation. He did not
use any weapon also. He is aged 51 years. Hence, I am of the
view that the applicant No.3 can be granted pre-arrest bail.
Considering the overt acts alleged against applicant Nos.1, 2
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BAIL APPL. NO. 14786 OF 2025
and 4, I am not inclined to grant anticipatory bail to them.
In the result, the application is allowed in part on the
following conditions:-
(i) The applicant No.3 shall be released on bail
in the event of his arrest on executing a bond for Rs.1,00,000/-
(Rupees One lakh only) 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 applicant No.3 shall fully cooperate with
the investigation, including subjecting himself to the deemed
police custody for discovery, if any, as and when demanded.
(iii) The applicant No.3 shall appear before the
investigating officer between 10.00 a.m. and 11.00 a.m. every
Saturday until further orders. He shall also appear before the
investigating officer as and when required.
(iv) The applicant No.3 shall not commit any
offence of a like nature while on bail.
(v) The applicant No.3 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
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BAIL APPL. NO. 14786 OF 2025
to the investigation.
(vi) The applicant No.3 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
Mn
2026:KER:8333
BAIL APPL. NO. 14786 OF 2025
APPENDIX OF BAIL APPL. NO. 14786 OF 2025
PETITIONER ANNEXURES
Annexure A1 COPY OF THE F.I.S IN CRIME NO.
1331/2025 OF NARAKKAL POLICE STATION
DATED 10-11-2025
Annexure A2 COPY OF THE F.I.R IN CRIME NO.
1331/2025 OF NARAKKAL POLICE STATION
DATED 11-11-2025
Annexure A3 COPY OF THE O.P CARD ISSUED FROM THE
FAMILY HEALTH CENTER, AYYAMPILLY
Annexure A4 THE COPY OF THE COMPLAINANT SUBMITTED
BY THE MOTHER OF THE 2ND ACCUSED
Annexure A5 THE RECEIPT ISSUED BY THE NARAKKAL
POLICE STATION DATED 13-11-2025
Annexure A6 THE COPY OF THE ORDER OF THE
ANTICIPATORY BAIL FILED BEFORE THE
SESSIONS COURT, ERNAKULAM AS CRL.M.C
NO.3358/2025 DATED 18-12-2025
Annexure A7 THE WEDDING CARD OF THE DAUGHTER OF
ACCUSED NO.3
