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Kerala High Court
Unnikrishnan K P vs State Of Kerala on 26 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 1457 of 2026
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2026:KER:27318
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 26TH DAY OF MARCH 2026 / 5TH CHAITHRA, 1948
BAIL APPL. NO. 1457 OF 2026
CRIME NO.385/2025 OF KANNAMALI POLICE STATION, ERNAKULAM
AGAINST THE ORDER DATED 07.03.2026 IN BA NO.389 OF 2026 OF
SESSIONS COURT, ERNAKULAM
PETITIONER/ACCUSED NO.5:
UNNIKRISHNAN K P,
AGED 27 YEARS
S/O PRASANNAN K K,
NIKATHIL HOUSE,
EZHUPUNNA SOUTH P.O.,
KODAMTHURUTH, ALAPPUZHA,
KERALA, PIN - 688537
BY ADVS.
SHRI.SAURAV B.
SMT.SAFNA P.S.
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
KANNAMALY POLICE STATION,
KANNAMALY POLICE STATION,
CHERIAKADAVU, KANNAMALY,
CHELLANAM, KODAMTHURUTH,
KERALA, PIN - 682008
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No. 1457 of 2026
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ORDER
This application is filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking prearrest bail.
2. The applicant is the accused No.5 in Crime
No.385/2025 of Kannamali Police Station, Ernakulam District.
The offences alleged are punishable under Sections 351(3),
118(1), 118(2) and 74 read with Section 3(5) of the
Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. The prosecution case, in short, is that the
applicant, along with other accused persons, with the
intention to assault the defacto complainant and his family,
criminally trespassed into the residential house of the defacto
complainant with deadly weapons. There was enmity between
them in connection with the incident that the defacto
complainant questioned about the misdeeds of his neighbour,
Smt.Leela. The accused persons are relatives of Smt.Leela.
On account of this prior enmity, on 25.12.2025 at about 9.30
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p.m., they criminally trespassed into the residence of the
defacto complainant and verbally abused him. Accused No.1
beat on his head using the shock stump of a motorbike. The
defacto complainant resisted it using his left hand. He fell
down. All the accused persons beat and kicked him. Accused
Nos.3 and 4 wrongfully confined the friend of the defacto
complainant. The wife of the defacto complainant came out of
the house on hearing the hue and cry. Accused No.2 outraged
her modesty by pushing her away by pressing on her chest.
The defacto complainant sustained a fracture to his left wrist,
and others sustained injuries to their head and accordingly
committed the aforementioned offences.
4. I have heard Sri.Saurav B., the learned counsel for
the applicant 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 above crime. The counsel further submitted that no
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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. I went through the FIS. The main allegations are
against accused Nos.1 and 3. There are no serious allegations
against the applicant. Considering the allegations made
against the applicant, his custodial interrogation seems
unnecessary. For these reasons, I find this to be an
appropriate case to grant prearrest bail to the applicant.
In the result, the application is allowed on the following
conditions:-
(i) The applicant 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,
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as the case may be.
(ii) The applicant 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 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 shall not commit any offence of a like
nature while on bail.
(v) The applicant 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 applicant shall not leave the State of Kerala
without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of
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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
APA
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APPENDIX OF BAIL APPL. NO. 1457 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE FIR DATED 30.12.2025 IN CRIME
NO 385/2026 OF KANNAMALI POLICE STATION,
ERNAKULAM DISTRICT
ANNEXURE A2 TRUE COPY OF THE FIR DATED 17.01.2026 IN CRIME
NO 19/2026 OF KANNAMALI POLICE STATION
ANNEXURE A3 TRUE COPY OF THE ORDER IN BA NO 389/2026 OF
THE HON'BLE SESSIONS COURT, ERNAKULAM
ANNEXURE A4 TRUE COPY OF THE REMAND REPORT DATED
