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Kerala High Court
Ashif P.S vs State Of Kerala on 26 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:26809
BAIL APPL. NO. 1521 OF 2026
1
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. 1521 OF 2026
CRIME NO.104/2026 OF KUNNAMKULAM POLICE STATION, THRISSUR
PETITIONER/S:
1 ASHIF P.S
AGED 32 YEARS
S/O SUALIMAN, PANAMCHIRAYAIL HOUSE, CHIRAMANANGAD
P.O. AND VILLAGE, CHAVAKKAD TALUK, THRISSUR, PIN -
680604
2 MOHAMMED RIZWAN
AGED 22 YEARS
S/O AYOOB P.P., PALLIPARAMBIL HOUSE, PONNANI SOUTH
P.O., PONNANI NAGARAM VILLAGE, PONNANI TALUK,
MALAPPURAM, PIN - 679586
3 MOHAMMED RISHAN T.M
AGED 21 YEARS
S/O MOHAMMED HANEEFA, THERUVATHVEETTIL HOUSE,
VELLARAKKAD VILLAGE, KUNNAMKULAM TALUK, THRISSUR,
PIN - 680584
4 MUNEER USMAN T.K
AGED 25 YEARS
, S/O USMAN, THIRUTHIKKATTIL PULAKKAL HOUSE,
VELLARAKKAD, THRISSUR, PIN - 680584
BY ADVS.
SRI.VISHNU BHUVANENDRAN
SMT.B.ANUSREE
SHRI.JOEL CHALAMANA
SHRI.ASIF IRFAN
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BAIL APPL. NO. 1521 OF 2026
2
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, PIN - 682031
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 1521 OF 2026
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.104/2026 of Kunnamkulam Police Station, Thrissur
District. The offences alleged are punishable under Sections
189(2), 191(2), 191(3), 115(2), 118(1), 110 and 296(b) r/w 190
of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS).
3. The prosecution case, in short, is that on
18.01.2026, at about 01.00 a.m, accused Nos.1 to 8 formed
themselves into an unlawful assembly, armed with deadly weapons
such as iron rod and sword committed rioting adjacent to Vanitha
Canteen at Marathamkode, and attacked the defacto complainant
and his friends who were conducting a birthday party. The accused
wielded a sword aimed at the abdomen of the defacto complainant
and beat on various parts of his body with an iron rod and caused
hurt to him. The accused beat and kicked on various parts of the
body of the defacto complainant and his friends and caused
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BAIL APPL. NO. 1521 OF 2026
injuries to them. Further, the accused struck the defacto
complainant aimed at his head with an iron rod and had he not
moved away, the same would have resulted in his death, and
thereby committed the offences.
4. I have heard Sri.Vishnu Bhuvanendran, the
learned counsel for the applicants and Sri.M.C Ashi, 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
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BAIL APPL. NO. 1521 OF 2026
accusation made against the applicants is very serious in nature,
and it prima facie shows a premeditated criminal act on their part.
I have gone through the FIS. Even though, the applicants were not
named in the FIR, further investigation reveals their active
involvement. Specific overt acts have been attributed against
them. The de facto complainant sustained fracture in the incident.
Considering the gravity of the offence and stage of the
investigation, I am of the view that this is not a fit case where the
extraordinary jurisdiction vested with this Court under Section 482
of BNSS could be invoked.
7. The learned counsel for the applicants submitted that the
applicants are ready to surrender before the investigating officer.
Accordingly, this bail application is disposed of on the following
conditions:
(i) The applicants shall appear before the Investigating
Officer within a week from today and shall subject themselves to
interrogation.
(ii) After interrogation, if the Investigating Officer arrests
the applicants, they shall be produced before the jurisdictional
court without undue delay.
(iii) On production of the applicants before the
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BAIL APPL. NO. 1521 OF 2026
jurisdictional court, if any application for bail is filed, the court shall
consider the same, preferably on the same day itself, in
accordance with law.
(iv) The copy of the bail application shall be given to
the Prosecutor in advance.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
SJ
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BAIL APPL. NO. 1521 OF 2026
APPENDIX OF BAIL APPL. NO. 1521 OF 2026
PETITIONER ANNEXURES
Annexure I TRUE COPY OF THE FIR DATED 18.01.2026 IN
CRIME NO104/2026 OF KUNNAMKULAM POLICE
STATION, THRISSUR DISTRICT
Annexure II TRUE COPY OF THE ORDER DATED 07.03.2026
IN B.A NO. 487/2026 OF THE HONORABLE
PRINCIPAL SESSIONS JUDGE, THRISSUR
