[Cites 10, Cited by 0]
Kerala High Court
Bindu K.N vs State Of Kerala on 31 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:28728
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 31ST DAY OF MARCH 2026/10TH CHAITHRA, 1948
BAIL APPL. NO. 1641 OF 2026
CRIME NO.128/2026 OF RAJAKKAD POLICE STATION, IDUKKI
PETITIONER/ACCUSED NO.4:
SHAJI K V,
AGED 59 YEARS, S/O VARKEY,
KOCHU KAROTTE HOUSE, RAJAKUMARI, KUMBAPPARA,
KAJANAPPARA P O, IDUKKI, PIN - 685566
BY ADVS.
SRI.S.RAJEEV
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.SARATH K.P.
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SMT.DIPA V.
SMT.NIVEDITA RAJEEV
SHRI.AKASH CHERIAN THOMAS
SHRI.AZAD SUNIL
SHRI.T.P.ARAVIND
SHRI.MAHESWAR PADICKAL
SMT.AKSHARA S.
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BAIL APPL. NOS. 1641, 1732 & 1719 OF 2026
2026:KER:28728
2
2 STATION HOUSE OFFICER,
RAJAKKADU POLICE STATION, IDUKKI DISTRICT,
PIN - 68556
BY ADV.
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.03.2026, ALONG WITH BAIL APPL.1719/2026, 1732/2026, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS. 1641, 1732 & 1719 OF 2026
2026:KER:28728
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 31ST DAY OF MARCH 2026/10TH CHAITHRA, 1948
BAIL APPL. NO. 1732 OF 2026
CRIME NO.128/2026 OF RAJAKKAD POLICE STATION, IDUKKI
AGAINST THE ORDER/JUDGMENT DATED 11.03.2026 IN BA NO.176 OF 2026
OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, THODUPUZHA
PETITIONERS/ACCUSED 1 TO 3:
1 RAJU @ JOSEPH
AGED 64 YEARS, S/O.GEORGE,
MADATHISSERY HOUSE, RAJAKUMARI, KUMBAPPARA,
KAJANAPPARA P.O., IDUKKI DISTRICT,
PIN - 685619
2 TINOY JOSEPH
AGED 31 YEARS, S/O.RAJU,
MADATHISSERY HOUSE, RAJAKUMARI, KUMBAPPARA,
KAJANAPPARA P.О., IDUKKI DISTRICT,
PIN - 685619
3 TINTO JOSEPH
AGED 34 YEARS, S/O.RAJU,
MADATHISSERY HOUSE, RAJAKUMARI, KUMBAPPARA,
KAJANAPPARA P.O., IDUKKI DISTRICT,
PIN - 685619
BY ADVS.
SHRI.P.CHANDY JOSEPH
SHRI.ANANTHU P. SANTHOSH
BAIL APPL. NOS. 1641, 1732 & 1719 OF 2026
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4
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BY ADV.
SRI. M.C.ASHI, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.03.2026, ALONG WITH BAIL APPL.1641/2026 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS. 1641, 1732 & 1719 OF 2026
2026:KER:28728
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 31ST DAY OF MARCH 2026/10TH CHAITHRA, 1948
BAIL APPL. NO. 1719 OF 2026
CRIME NO.129/2026 OF RAJAKKAD POLICE STATION, IDUKKI
AGAINST THE ORDER/JUDGMENT DATED 11.03.2026 IN BA NO.173 OF 2026
OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, THODUPUZHA
PETITIONERS/ACCUSED:
1 BINDU K.N
AGED 52 YEARS, W/O MOHANAN,
KANNAMKUNNEL HOUSE, KHAJANAPPARA P.O., KUMBAPPARA,
RAJAKUMARI VILLAGE, IDUKKI DISTRICT,
PIN - 685619
2 SRUTHY SABU
AGED 31 YEARS, D/O SABU,
MANAPADAMMURIYIL HOUSE, KHAJANAPPARA P.O.,
RAJAKUMARI VILLAGE, IDUKKI DISTRICT,
PIN - 685619
3 SUDHA SABU
AGED 57 YEARS, W/O SABU,
MANAPADAMMURIYIL HOUSE, KHAJANAPPARA P.O.,
RAJAKUMARI VILLAGE, IDUKKI DISTRICT,
PIN - 685619
4 PONNAMMA
AGED 64 YEARS, W/O RAVI,
BAIL APPL. NOS. 1641, 1732 & 1719 OF 2026
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6
MOONNUPEEDIKAYIL HOUSE, PALLIKKUNNU, THOTTIKANAM,
SANTHANPARA, IDUKKI DISTRICT, PIN - 685619
BY ADVS.
SMT.A.A.SHIBI
SMT.ANJU ARAVIND
SHRI.ADARSH P. AJI
SMT.MEERA J. MENON
SMT.SHALU PRAHALADHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
2 SUB INSPECTOR OF POLICE
RAJAKKADU POLICE STATION, RAJAKKADU P.O.,
IDUKKI DISTRICT, PIN - 685566
BY ADV.
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.03.2026, ALONG WITH BAIL APPL.1641/2026 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS. 1641, 1732 & 1719 OF 2026
2026:KER:28728
7
ORDER
These three bail applications are disposed of
together since they are connected and the incident is one
and the same.
2. Bail Appl. Nos.1641 and 1732 of 2026
pertain to Crime No.128/2026 of Rajakkadu Police Station,
Idukki District. Bail Appl. No.1719 of 2026 pertains to
Crime No.129/2026 of Rajakkadu Police Station, Idukki
District. The accused No.4 in Crime No.128/2026 is the
applicant in Bail Appl. No.1641 of 2026, the accused Nos.1
to 3 in Crime No.128/2026 are the applicants in Bail Appl.
No.1732 of 2026 and the accused Nos.1 to 4 in Crime
No.129/2026 are the applicants in Bail Appl. No.1719 of
2026. The de facto complainants in Crime No.128/2026
are the accused in Crime No.129/2026.
3. The offences alleged in Crime
No.128/2026 are punishable under Sections 329(3),
296(b), 351(2), 131, 115(2), 118(1) and 74 read with
Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The
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prosecution case in Crime No.128/2026, in short, is that,
due to previous enmity arising from the de facto
complainant questioning the accused No.4 for installing a
gate on the pathway leading to her residence, the accused
Nos.1 to 4, in furtherance of their common intention, on
26.02.2026 at about 07:00 p.m., criminally trespassed into
the courtyard of the Mappadu House, Kumbhapara area in
Rajakumari Village and assaulted the de facto complainant
and others. It is alleged that the accused No.1 abused and
threatened the de facto complainant and dragged her by
holding her hair to the road, the accused No.2 tore her
churidhar and hit her on the face, the accused No.3 twisted
her wrist, and when the de facto complainant's daughter
Sruthi intervened, the accused No.4 beat her with a stick
and also kicked the de facto complainant's sister
Ponnamma, assaulted the neighbour Bindu and her
daughter Krishnapriya and thereby committed the
aforesaid offences.
4. The offences alleged in Crime
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No.129/2026 are punishable under Sections 324(4),
324(5), 296(b), 115(2), 118(1) and 118(2) read with
Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The
prosecution case in Crime No.129/2026, in short, is that,
due to resentment over the defacto complainant in not
opening the gate installed by Shaji, Kochukkarottu House,
a native of Kumbappara, situated near the pathway used
by the accused to reach their residence, the accused, with
the intention of abusing and physically assaulting the de
facto complainant and others, on 26.02.2026 at about
07:30 p.m., reached Khajanappara area in Rajakumary
Village where the de facto complainant resides with his
family, and the accused No.1 allegedly broke open the iron
gate installed by Shaji, Kochukkarottu House at
Kumbapparamedu using a hammer; when the defacto
complainant questioned the said act, the accused No.1
abused him in filthy language and struck the de facto
complainant's wife Alice on her left shoulder with a wooden
plank causing her to fall down, and when the de facto
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complainant attempted to help his wife get up, the accused
No.2 hit the de facto complainant on his right elbow with
an iron rod, resulting in a fracture to his right elbow. It is
further alleged that when Shaji and his children reached
the spot upon learning that the gate had been broken, the
accused Nos.1, 3 and 4 jointly assaulted them with sticks,
thereby causing multiple bodily injuries and thereby
committed the aforesaid offences.
5. I have heard Sri. A.A.Shibi, Sri. P.Chandy
Joseph and Sri. S.Rajeev, the learned counsel for the
applicants and Sri. M.C.Ashi and Smt. Sreeja.V, the
learned Senior Public Prosecutor. Perused the case diary.
6. 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 Prosecutors, on the
other hand, submitted that the alleged incident occurred as
BAIL APPL. NOS. 1641, 1732 & 1719 OF 2026
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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.
7. A perusal of the FI Statement in both the
crimes would show that the incident is one and the same.
They are case and counter case. The applicants in all the
three bail applications have sustained injuries in a scuffle
between them. The counsel in all the cases submitted that
the matter had now been talked over and it had been
settled between the parties. The applicants have no
criminal antecedents. Considering the allegations made
against the applicants, their custodial interrogation seems
unnecessary. For these reasons, I find these to be
appropriate cases to grant pre-arrest bail to the applicants.
In the result, the applications are 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/- (Rupees One lakh only) each with two
BAIL APPL. NOS. 1641, 1732 & 1719 OF 2026
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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
BAIL APPL. NOS. 1641, 1732 & 1719 OF 2026
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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
ARK
BAIL APPL. NOS. 1641, 1732 & 1719 OF 2026
2026:KER:28728
APPENDIX OF BAIL APPL. NO. 1641 OF 2026
PETITIONER ANNEXURES
ANNEXURE I A COPY OF THE FIR IN CRIME NO 128/2026 OF
RAJAKKADU POLICE STATION
ANNEXURE II A COPY OF THE FIR IN CRIME NO 129/2026 OF
RAJAKKADU POLICE STATION
ANNEXURE III THE COPY OF THE ORDER DATED 11.03.2026 IN BA
BAIL APPL. NOS. 1641, 1732 & 1719 OF 2026
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APPENDIX OF BAIL APPL. NO. 1732 OF 2026
PETITIONER ANNEXURES
ANNEXURE 1 THE TRUE COPY OF THE FIR ACCUSED IN CRIME NO.
128/2026 OF RAJAKKADU POLICE STATION, IDUKKI
DISTRICT DATED 27.02.2026
ANNEXURE 2 THE TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 03.03.2026 OF 1ST PETITIONER'S WIFE
ALICE, ISSUED BY LIFE CARE MEDICAL CENTRE
ANNEXURE 3 THE TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 03.03.2026 OF 1ST PETITIONER, ISSUED BY
LIFE CARE MEDICAL CENTRE
ANNEXURE 4 THE TRUE COPY OF THE FIR IN CRIME NO.
129/2026 OF RAJAKKADU POLICE STATION, IDUKKI
DATED 27.02.2026
ANNEXURE 5 THE TRUE COPY OF THE CCTV FOOTAGE OBTAINED
FROM THE 4TH VICTIM'S HOUSE
ANNEXURE 6 THE TRUE COPY OF THE SCREENSHOTS FROM THE
ANX.5 FOOTAGE, WHICH CLEARLY SHOWS THE 4TH
ACCUSED'S WIFE, LILLY, ASSAULTING THE DE
FACTO COMPLAINANT AND OTHERS
ANNEXURE 7 THE TRUE COPY OF RELEVANT PORTION OF THE
VIDEO FROM 24 NEWS CHANNEL
ANNEXURE 8 THE TRUE COPY OF THE RELEVANT PORTION OF THE
VIDEO FROM ASIANET NEWS CHANNEL
ANNEXURE 9 THE TRUE COPY OF THE ORDER IN BAIL
APPLICATION NO. 176/2026 DATED 11.03.2026 OF
HON'BLE SESSIONS COURT, THODUPUZHA
BAIL APPL. NOS. 1641, 1732 & 1719 OF 2026
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APPENDIX OF BAIL APPL. NO. 1719 OF 2026
PETITIONER ANNEXURES
ANNEXURE 1 A TRUE COPY OF THE FIR IN CRIME NO.129/2026
DATED 27.02.2026
ANNEXURE 2 A TRUE COPY OF THE PLAINT IN O.S. NO.13/2026
ANNEXURE 3 A TRUE COPY OF THE ORDER DATED 06.01.2026 IN
I.A. NO.1/2026 IN O.S. NO.13/2026 PASSED BY
THE HON'BLE MUNSIFF'S COURT, DEVIKULAM
ANNEXURE 4 A TRUE COPY OF THE FIR IN CRIME NO.128/2026
ANNEXURE 5 A TRUE COPY OF THE ORDER DATED 11.03.2026 IN
BAIL APPLICATION NO.176/2026 OF THE SESSIONS
COURT, THODUPUZHA
ANNEXURE 6 THE COPY OF THE ORDER IN BAIL APPLICATION
NO.173/2026 OF THE SESSIONS COURT, THODUPUZHA
