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Kerala High Court
Dhanesh M.D vs State Of Kerala on 30 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:28156
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
BAIL APPL. NO. 1766 OF 2026
CRIME NO.77/2026 OF THIRUVALLA POLICE STATION,
PATHANAMTHITTA
AGAINST THE ORDER DATED 19.03.2026 IN BAIL APPL. NO.1711 OF
2026 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.3:
DHANESH M.D.
AGED 43 YEARS
MANIMALAMURIYIL HOUSE, NEELAMPEROOR P.O,
NEELAMPEROOR VILLAGE, KUTTANADU TALUK, ALAPPUZHA,
PIN - 686534.
BY ADVS.
SHRI.ADHIL P.
SHRI.V.B.UNNIRAJ
SHRI.SHABEER ALI MOHAMED
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031.
SRI.C.K.SURESH, SPL. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 1766 OF 2026 2
2026:KER:28156
ORDER
This application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking regular bail.
2. The applicant is the accused No.3 in Crime
No.77/2026 of Thiruvalla Police Station, Pathanamthitta District.
The offences alleged are punishable under Sections 126(2), 115(2)
and 103(1) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that out of
previous enmity towards the person namely Bijoy @ Lijo, on
14.01.2026, at about 11.30 p.m, in front of the residential house
of the accused Nos.1 and 2, a person namely Lejin was wrongfully
intercepted and beaten by the accused Nos.1 and 2, during when
Lijo attempted to dissuade the accused, while the accused No.1
beat Bijoy using hands, the accused No.2 beat him using a stick
and the applicant beat on his head, due to which, when Lijo fell
down, the accused No.1 stamped on his naval and struck his head
against a tree twice. When, Liji, the brother of Lijo interfered, all
the accused persons brutally manhandled Liji also. Bijoy
succumbed to the gravity of the injuries sustained by him. Thus,
the applicant is alleged to have committed the above offences.
2026:KER:28156
4. I have heard Sri.Adhil P., the learned counsel for
the applicant and Sri.C.K. Suresh, the learned Special 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. On the other hand, the learned Public
Prosecutor submitted that the alleged incident occurred as a part
of the intentional criminal acts of the applicant, and he is not
entitled to bail at this stage.
6. The applicant was remanded to judicial custody
on 15.01.2026. I went through the FIS. No specific overt act has
been attributed to the applicant. The main allegations are against
accused Nos. 1 and 2. The applicant has not used any weapon.
The allegation against the applicant is that, when the altercations
were going on between accused Nos. 1 and 2 and the deceased
and his brother, the applicant came there on a scooter and beat
the deceased and his brother with his hand. The investigation is
almost over. The recovery has been effected. The applicant has no
criminal antecedents. For these reasons, I do not find any reason
to hold that the continued detention of the applicant is required
2026:KER:28156
for any purpose. Hence, the applicant is entitled to be released
on bail.
In the result, the application is allowed on the following
conditions: -
(i) The applicant shall be released on bail 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
jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the
investigation.
(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.
2026:KER:28156
(vii) The application, if any, for deletion/modification of
the 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
mea
2026:KER:28156
APPENDIX OF BAIL APPL. NO. 1766 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.
77/2026 OF THIRUVALLA POLICE STATION
DATED 15.01.2026
Annexure A2 TRUE COPY OF THE FIS IN CRIME NO.
77/2026 OF THIRUVALLA POLICE STATION
DATED 15.01.2026
Annexure A3 TRUE COPY OF THE SCENE MAHAZAR IN CRIME
NO. 77/2026 OF THIRUVALLA POLICE STATION
DATED 15.01.2026
Annexure A4 TRUE COPY OF THE INQUEST REPORT OF THE
DECEASED IN CRIME NO. 77/2026 OF
THIRUVALLA POLICE STATION DATED
15.01.2026
Annexure A5 TRUE COPY OF THE WOUND CERTIFICATES OF
THE ACCUSED IN CRIME NO. 77/2026 OF
THIRUVALLA POLICE STATION DATED
15.01.2026
Annexure A6 TRUE COPY OF THE ORDER IN BAIL
APPLICATION NO. 132/2026 BY HON'BLE
SESSIONS COURT, PATHANAMTHITTA DATED
04.03.2026
Annexure A7 TRUE COPY OF WITHDRAWAL ORDER IN IN BAIL
APPLICATION NO. 1711/2026 BY THIS
HON'BLE COURT DATED 19.03.2026
